Personal injury law includes so many different types of claims that it is difficult to list every possible claim. If you are not sure if you have a right to recover money damages for your injury, you can get a free consultation with the Law Office of Joseph A. Blumel, III, P.S. Our office is located in Spokane, Washington and we provide legal services for personal injury claims throughout Washington and have also represented clients in association with other attorneys in the states of Idaho, Oregon and California.
Car accidents happen frequently. Many of us have been in or know someone who was in an auto accident. A victim of an auto accident in Washington has three years from the date of the car wreck to file a personal injury lawsuit.
Common physical injuries can include back and neck injuries, loss of limb, bruising, soft tissue injuries, broken bones, scarring, disfigurement, permanent physical disability and even death. Compensation is often available to pay for a car accident victim's medical bills, lost wages, pain and suffering and loss of quality of life.
If you are injured in a vehicle collision there are some basic steps you can take to protect your right to recover money damages and make your auto wreck case stronger. Report the accident to the police. A police report which shows that the other driver received a citation can help establish liability and improve your case if you have to go to court over your vehicle accident. You also want to get the names and addresses of any people who witnessed your car accident. Remember to take pictures of your car and of yourself so you can show the damages sustained from the car wreck. It is very important that you see a doctor immediately after the auto accident.
Keep track of your receipts and documents because you will need to prove every expense you claim. An insurance adjuster may try to convince you that you can settle your claim without using a personal injury attorney. While you may be able to settle your vehicle accident claim on your own, it is important to remember that the adjuster's goal is to settle your claim for the absolute minimum amount possible. You might dramatically increase the settlement amount if you use a personal injury lawyer to settle your claim for damages sustained in a car wreck.
Recent Verdicts & Settlements: Miller v. Skinner; Nyberg v. Swanson Hay Co.; Allbery v. Zeimer
To Victims of Sexual Abuse
If you are, or were, the victim of sexual abuse, I would like to help you.
If you are still being sexually abused, and you would like to find out what options are available to you without committing yourself to a course of action, you can call me for a free consultation and I will try to help you figure out a solution. You can call me anonymously if you prefer and I will try to help you figure out how to escape from the situation you are in.
If the abuse has stopped and you would like to know what your options are, I will be glad to advise you. If appropriate, I will assist you in seeking justice for the sexual abuse you suffered and I will try to find a solution you are comfortable with.
If you were abused in the past, I strongly urge you to discuss your options with an attorney that is experienced in handling sexual abuse claims. The issues are complicated and require a great deal of experience to explore all of the options, including the possibility of filing claims in several states.
The biggest obstacle to obtaining justice is the passage of time. Most sexual abuse cases that are lost, are lost because the victim waited until it was too late and the statute of limitations had expired.
Part of the path to healing is in seeking justice. If you would like to discuss your situation with me, please feel free to call me.
Recent Verdicts & Settlements: Confidential Claimants vs. Society of Jesus, Oregon Province Currently representing Confidential Claimants against the Montana Dioceses of Helena and Great Falls and Claimants of Cutbank Boarding School in Montana. Confidential Claimants v. Morning Star Boys Ranch Hughey v. Clarus Group LLC, Spokane County Superior Court, Spokane, WA
Toxic Chemical Exposure
Exposure to Toxic Substances
A toxic tort is a tort (or injury) caused by exposure to a toxic material or substance. Such materials, often released into the air or water by nuclear factories or into the ground once dumped into carelessly lined or unlined landfills, are frequently linked to lung cancer, leukemia, brain and other organ damage, and birth defects. Victims of such injuries are usually exposed on the job, during leisure activities, and in their homes. And sadly, there isn't much they can really do to prevent exposure - rather, it is up to corporate America and the U.S. Government to step up prevention control measures.
However, you can be compensated for these injuries even if you could not prevent them. If you have been a victim of toxic exposure, you can file a toxic tort personal injury lawsuit. If the court finds that your injury is directly linked to exposure to a toxic substance, you and your family may be awarded compensation to cover your medical costs and emotional trauma expenses. Further, chances are that you are not the only victim of exposure - it is extremely rare for a toxic material to affect just one person. Often, toxic tort cases are brought forth as class action suits because of the large number of plaintiffs.
Recent Verdicts & Settlements: Geffre v. Washington State University
Wrongful Death / Survival Claims
Wrongful death refers to a fatality that occurs because of the negligence or misconduct of another person. A wrongful death is a type of personal injury. Personal injury law holds one person accountable for causing damages to another person. Wrongful death cases arise from a variety of circumstances including vehicle crashes, defective products, and construction site accidents. Whatever the cause of a wrongful death, the impact on the survivors can be devastating. A void is felt by everyone who must continue on without the companionship and support of their loved one.
A wrongful death claim against a negligent party is generally initiated by or on behalf of the spouse, children or family of the decedent or made by the deceased's estate. Negligence must be established. The law office of Joseph A. Blumel, III is skilled at helping clients prove the four critical components of negligence:
The defendant had a duty to the deceased,
The defendant failed to perform that duty,
The fatality was caused by the defendant's breach of duty, and
The survivors have suffered damages as a result of the loss.
In addition to establishing negligence, the future life expectancy of the deceased must be presented to establish the loss of future earnings. The relationship of the survivors with the deceased must also be effectively communicated. Powerful presentation of the emotional loss is critical to a fair damage award.
Recent Verdicts & Settlements: Estate of Shaun Cody Forrest v. Dauven, et.al The Estate of Jesse McNerney v. Blackstone Homes, LLC
Premises Liability Claims
If you slip and fall in someone's home or place of business in Washington other than your own, you may have a case to file a slip and fall lawsuit. Depending on the circumstances, if the party who owns the business or residence you were injured in is found to be negligent, it could mean some financial assistance for your injuries and pain.
Slip and falls- a sticky area of personal injury cause thousands of injuries a year, some of which are quite serious. One misstep on a slippery floor or broken step can land an unassuming victim in a wheelchair, while a stumble over a manhole cover can cause anything from a broken leg to a permanent spinal cord injury. Everyone agrees that these and similar slip and fall accidents are perilous -but the line gets a bit fuzzy when determining who is at fault. If you slip and fall on someone else's property, is that person automatically liable for your injuries, even if you were forewarned of potential dangers? Read on to find out.
First, understand that premises liability is the law that governs slip and fall accidents and determines who is at fault for them. Premises liability laws vary from state to state and jurisdiction to jurisdiction. Every premises liability case is evaluated on an individual basis and considers whether or not the property owner took precautions to make the area safe as well as whether or not you - or the victim - were careless, thereby contributing to the slip and fall accident. For example, a restaurateur is not necessarily liable should you fall on a wet floor in the restroom if the area was clearly marked with a yellow "caution" sign.
Recent Verdicts & Settlements: McCurry v. Kmart; Nielsen v. Jaremko Motors, Inc.; Horsman v. Spokane Public Utilities, et.al.et.ux
Third Party Labor & Industries Claims
Labor & Industries Third Party Claims
While injured employees who accept workers' compensation insurance benefits aren't permitted to sue their employers, they may still sue negligent third parties who are directly or indirectly responsible for their injuries. For example, if an employee was injured on the job when the ladder he was climbing suddenly snapped AND the employee accepted workers' compensation damages, the employee could not sue his company, but he could file a claim against the manufacturer of the ladder. But there is a catch: if the employee were to file a personal injury lawsuit and win his case, he would be required to reimburse his employer for all costs out of his settlement. Further, the employer, too, could sue the third party to recover some of the funds it paid out to its injured worker.
Recent Verdicts & Settlements: Nielsen v. Jeremko Nissan; Horsman v. Spokane Public Facilities Dist.; Keele v. Electrical Service Products, Inc.