Experienced Personal Injury and Wrongful Death Attorneys Serving the Chelan, WA Area
Situated at the edge of the Cascade Mountains next to Lake Chelan, Chelan’s 4,000 or so residents are surrounded by natural beauty. The town also attracts visitors and delights locals for its man-made attractions such as the Riverwalk Pavilion, the log-cabin style St. Andrew’s Episcopal Church (rightfully listed in the National Register of Historic Places), and the Lake Chelan Golf Course.
Chelan’s sunny skies and low precipitation most of the year are the result of its location in the rainshadow of the Cascade Mountains, which means that outdoor activities are popular during the warm months. With all its charms, however, Chelan is just as susceptible to unexpected and even tragic events as anywhere else.
When Accidents Happen
A catastrophic accident is tragic enough when it causes grievous bodily injury or takes the life of someone dear to you. In addition to the shock and pain that goes along with such a tragedy, serious financial problems can arise. At Brett McCandlis Brown, PLLC, our goal is to take care of financial matters for you so that you can concentrate fully on physical and emotional recovery. Contact us today at 1-800-925-1875 or fill out our online contact form so that we can begin formulating a plan of action for you.
Frequently Asked Questions (FAQs)
How do I win a defective drug lawsuit?
Defective drug lawsuits are classified as product liability lawsuits. To win such a lawsuit, you must generally prove that:
- You were injured by the product or suffered other losses. It is even possible to recover for emotional distress (with physical symptoms) even if you were not directly injured by the product.
- The product was defective – it had a design defect, a manufacturing defect, or a “warning defect” (i.e., a lack of proper warnings).
- The defect actually caused your injury.
- You were using the product as the manufacturer intended it to be used.
Proving that the product was defective is often the most difficult part of a product liability lawsuit, especially if you are claiming a design defect.
Can I win a personal injury or wrongful death lawsuit based on food poisoning?
Theoretically, yes, although a lot depends on the particular facts of your case and how much you are able to prove. The hard part could be tracing the illness to the food – unless other people were sickened by the same food, which could make your case much easier to win. Your claim might fall under more than one theory of liability – product liability, negligence, or breach of warranty, for example. Although each of these theories of liability have their own advantages and disadvantages, you might be able to claim more than one theory of liability at the same time.
How do I prove fault in a wrongful death lawsuit?
In a wrongful death lawsuit, it is the “wrongful” part that is usually the most difficult to prove – in other words, the challenge is usually to prove that the defendant was at-fault for the death. Wrongful death lawsuits generally fall into one of three categories: An intentional act, medical malpractice, and ordinary negligence.
Obviously, an intentional act resulting in a death is wrongful under most circumstances, even if the defendant did not intend to kill the victim. In a medical malpractice lawsuit, you must prove that the healthcare provider did not meet a professional standard of care under the circumstances of the injury. This may involve testimony by expert witnesses. In an ordinary negligence claim, you will probably have to prove that the defendant failed to act with the level of care generally exercised by the average person.
How can I prove that I suffered permanent disability?
In a personal injury or workers’ compensation claim, it could be critical for you to prove that your disability is permanent. Proving that permanent disability will allow you to claim damages for the rest of your life, the amount of which can be quite substantial if your disability caused you to give up your career. Common permanent disabilities include paralysis, blindness, and traumatic brain injury.
The best way to prove permanent disability is to rely on your doctor’s assessment. Once your condition has stabilized and there is very little chance that any further treatment will improve your condition (sometimes known as “Maximum Medical Improvement” or MMI), your doctor may declare you “permanently disabled” or “permanently impaired.” Your doctor’s assessment will likely turn out to be the most persuasive evidence you can muster to prove the permanence of your disability.
Contact Us Today – Your Chelan Personal Injury Lawyers
Call us today at 1-800-925-1875 or complete our online contact form to schedule your free initial consultation, so that we can discuss your case and advise you of your options.