Kent Personal Injury Lawyer

Suffering an injury through no fault of your own can be a life-altering experience, leading not only to physical pain but emotional and financial burdens as well. Navigating these challenges is overwhelming, but you don’t have to do it alone.

With the dedicated legal team from Brumley Law Firm by your side, you can get the justice and compensation you’re entitled to after an injury in Kent, Washington. For help, contact us today to schedule a free consultation.

Why Hire Brumley Law Firm For Your Personal Injury Case?

When you’ve been injured by someone else’s negligence, the best thing you can do is hire an experienced personal injury attorney like those at Brumley Law Firm. Why should you work with us?

  • Our firm has almost a decade of experience handling personal injury matters and is prepared to handle any personal injury case you need help with.
  • Our legal team includes former insurance attorneys and staff members, which allows us to anticipate and counter the tactics used by these companies to get you the compensation you deserve. 
  • We have concluded more than 300 cases in the last 12 months alone. This track record of success is a testament to our commitment, experience, and tenacity.

The decision on who should represent you in your personal injury case has significant implications in the long run. Contact Brumley Law Firm to schedule a free case evaluation. 

How a Kent Personal Injury Attorney Can Help You With a Case

After sustaining a personal injury, having a knowledgeable personal injury lawyer guide you through the legal process can help protect your rights and interests. Here’s how an attorney can assist with your personal injury case:

  • An injury lawyer handles all communications, negotiations, and litigation with insurance companies and responsible parties so that you can focus on your recovery without the stress of legal complications.
  • An injury attorney identifies all potential sources of compensation to give you a better chance at recovering the damages you deserve.
  • An injury attorney can consult with expert witnesses like medical professionals who can validate the extent and impact of your injuries.

For anyone navigating a personal injury case, having an experienced Kent personal injury lawyer like those at Brumley Law Firm gives you the help of a skilled legal professional and peace of mind throughout the process.

Common Types of Personal Injury Cases

Personal injury law covers a wide range of incidents, including Kent car accidents and Uber/Lyft accidents, where individuals are harmed due to the negligence or wrongdoing of others. Some other common types of personal injury cases include:

These personal injury claims are just an overview of the many situations where individuals can seek legal recourse due to harm they’ve experienced. 

Compensation You Can Obtain in a Personal Injury Case

In a personal injury case, compensation is awarded to cover the full range of damages suffered by the victim due to someone else’s negligence or intentional act. Types of compensation that may be obtained include:

  • Past and future medical expenses
  • Lost wages and loss of earning capacity
  • Property damage 
  • Pain and suffering 
  • Emotional distress 
  • Punitive damages 

Understanding the variety of damages available is important for anyone involved in a personal injury case, ensuring that all losses are accounted for. 

What is the Process for Filing a Personal Injury Claim?

  1. Seek Medical Attention: The first priority should be to get medical care for any injuries. The medical records will be crucial in documenting the injuries sustained, which is vital for the personal injury claim.
  2. Consult a Personal Injury Attorney: You should call our Kent personal injury lawyers to get legal advice, assess the strength of your case, and guide you through the legal process.
  3. Investigation of the Claim: Your personal injury lawyer will conduct a thorough investigation of the incident. This may include gathering evidence such as photos, videos, police reports, and witness statements. They will also review medical records and possibly consult with medical experts.
  4. File an Insurance Claim: Often, the first step in seeking compensation is to file a claim with the relevant insurance companies, which could be your insurance or the insurer of the party at fault.
  5. Negotiation: Before filing a lawsuit, there is typically a phase where both sides negotiate to try and reach a settlement. Your attorney will negotiate with the insurers or the opposing party’s lawyers to try to obtain a fair compensation amount.
  6. Filing a Lawsuit: If a settlement cannot be reached, the next step is to file a lawsuit. Your injury attorney will prepare the necessary legal documents and file them in court.
  7. Discovery Phase: After the lawsuit is filed, the case enters the discovery phase, where both parties exchange information through depositions, requests for documents, and interrogatories.
  8. Mediation and Negotiation: Often, courts require the parties to go through mediation to try to resolve the issue before it goes to trial. If mediation fails, the case continues toward trial.
  9. Trial: If the case goes to trial, both sides will present their arguments and evidence before a judge or jury. The trial process can include opening statements, witness testimony, cross-examination, and closing arguments.
  10. Verdict and Settlement: The judge or jury will issue a verdict. If the verdict is in favor of the plaintiff, they will determine the amount of compensation. If either party is dissatisfied with the verdict, they can appeal the decision.
  11. Collection of Compensation: Once a settlement is agreed upon or a court awards compensation, the final step is to collect the awarded amount.

Statute of Limitations in a Kent Personal Injury Claim

In Kent, WA, the statute of limitations for personal injury claims is generally three years from the date of the injury. This means that you must file a lawsuit within three years of the date when the injury occurred. If you fail to file within this timeframe, you typically lose your right to sue.

The statute of limitations can vary based on the specific circumstances of the case. For instance, claims against government entities may have different requirements, including shorter deadlines and additional procedural steps, like filing a formal claim with the appropriate government office before proceeding with a lawsuit.

It’s also important to note that certain conditions can affect the statute of limitations. For example, if the injured person is a minor, the limitations period may not start until they reach the age of majority. Additionally, if the injury was not discovered right away, the statute of limitations might begin from the date of discovery rather than the date of the injury.

Given the complexity of these rules and the potential for exceptions, it’s often advisable to consult with a Kent personal injury attorney to understand the specific deadlines that may apply to your case and to ensure that your rights are fully protected.

Elements of Negligence in a Personal Injury Claim

In a personal injury claim, the concept of negligence is central to establishing liability and recovering damages. Negligence refers to the failure to act with the level of care that a reasonably prudent person would have exercised under the same circumstances. To prove negligence in a personal injury case, the plaintiff must establish four key elements:

  • Duty of Care: The plaintiff must demonstrate that the defendant had a legal duty to act with care toward the plaintiff. This duty varies depending on the relationship between the parties and the situation. For example, all drivers have a duty to operate their vehicles safely to avoid harming others on the road.
  • Breach of Duty: Once a duty of care is established, the plaintiff must prove that the defendant breached that duty. A breach occurs when the defendant fails to meet the standard of care that a reasonably prudent person would have used in similar circumstances. For instance, a driver who runs a red light and causes an accident has breached their duty to drive safely.
  • Causation: The plaintiff must show that the defendant’s breach of duty directly caused the injury. This is often divided into two types: actual cause and proximate cause. Actual cause means the injury would not have occurred without the defendant’s actions, and proximate cause means the injury was a foreseeable result of the defendant’s actions.
  • Damages: Finally, the plaintiff must prove that they suffered actual damages as a result of the breach. Damages can be physical, such as injuries; financial, such as medical bills or lost wages; or emotional, such as pain and suffering.

Proving these elements requires gathering substantial evidence, such as witness statements, medical records, and expert testimony. The process can be complex, and the specifics of what must be proven can vary based on the case’s jurisdiction and particular circumstances. At Brumley Law Firm, we can help clarify these requirements and increase the likelihood of a successful outcome in a negligence claim.

Washington State’s Comparative Fault Laws

Washington State operates under a “pure comparative fault” system for handling negligence claims in which multiple parties may share responsibility for an accident or injury. This system has specific rules for awarding damages based on the degree of fault of each party involved.

Comparative Fault Defined

Under pure comparative fault, each party involved in an incident is assigned a percentage of the total fault based on their contribution to the accident. This fault allocation directly affects the damages each party can recover.

Damage Calculation

The total damages awarded to an injured party are reduced by their percentage of fault. For example, if a plaintiff suffers $100,000 in damages but is found to be 30% at fault for the accident, they would be entitled to recover 70% of the damages, or $70,000. This rule applies no matter how high the plaintiff’s percentage of fault is; even if they are 99% at fault, they can still technically recover 1% of their damages.

Application in Court

During a lawsuit, the court (or jury) will determine each party’s percentage of fault after examining all the evidence, which includes witness statements, expert testimony, and any other relevant information. This determination of fault is crucial as it directly impacts the financial outcome of the case.

Impact on Insurance Claims

Washington’s comparative fault rule also influences how insurance claims are handled following an accident. Insurance companies will assess the fault of each party involved when deciding how much to pay out for a claim. Negotiations can be complex, as each side may have a different view of the events and the degree of fault.

Contact Brumley Law Firm To Schedule a Free Consultation

When you or a loved one is faced with the repercussions of a personal injury, it’s crucial to have legal professionals who are ready to defend your rights and help you receive the full and fair compensation you deserve. For dedicated support and legal guidance, contact Brumley Law Firm to schedule a free consultation. We’re committed to helping you navigate this challenging time and work towards a positive resolution.