Identifying Shared Fault With A Personal Injury Attorney In Olympia

by | Aug 5, 2014 | Lawyer

The state of Washington requires that all accident victims take measures to acquire compensation through the automobile insurance policy of the at-fault driver before they file a legal claim against them. However, in the event that the at-fault driver failed to comply with local automobile insurance laws, he or she has a right to file a lawsuit against them to seek damages. The victims have three-year window to file a formal claim. If you were injured due to the fault of another, contact Sadler Ladenburg Olympia today.

Automobile Accidents

With most fault states, the at-fault driver who is the defendant in a lawsuit has the right to explore options which could imply that the victim shared the fault in the accident. This would imply that she or he committed a moving violation at the time of the accident such as reckless driving, speeding, or changing lanes without signaling. However, this driver must have evidence to prove that the moving violation occurred.

At any time that the court identifies shared fault, the victim’s settlement is reduced by the percentage in which they are deemed at fault. The percentage is based on the moving violation identified or circumstance that could have produced a shared fault. In cases in which both parties were equally at fault, the court can eliminate a settlement altogether.

Animal Attacks

After consulting a Personal Injury Attorney Olympia today, victims learn that animal attack cases are quite complex. In these instances, the one-bite rule does apply in Washington. However, during the course of a lawsuit, the pet owner can claim shared fault. This implies that the victim antagonized the animal and ultimately caused their injuries. For severe injuries, medical records are necessary and must be consistent with the animal’s bite. Forensic testing is necessary in some cases.

If you sustained a personal injury that was not your fault, you should file a claim as quickly as possible to acquire compensation. This eliminates the possibility of the statute of limitations running out before your case is heard. If you need assistance, you should hire a Personal Injury Attorney Olympia today to represent you. Click here for more details.

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