Spokane Personal Injury Attorneys are Here to Help the Injured
Spokane, Washington sits on a near-ideal location along the Spokane River, within easy reach of the Selkirk Mountains. Visitors come from all over the world to enjoy Riverfront Park, Manito Park, and the Davenport Hotel, among many other attractions. There’s more to Spokane, however than its admittedly spectacular tourist attractions.
Spokane is a growing metropolitan city with a fascinating history. Its transportation system is developing but still needs more work to be a practical solution for most commuters. The legal community in Spokane is focused on supporting the needs of businesses and citizens in this diverse city. The healthcare community offers residents a comprehensive support system encompassing all areas of medicine. The regional insurance industry provides Spokane’s residents with the insurance coverage they depend on in the event of an accident or injury.
The Spokane personal injury attorneys at Brett McCandlis Brown & Conner PLLC have vast experience handling personal injury and wrongful death cases that often begin on the busy roads and freeways of Spokane. We have found that the heavy traffic, a huge number of daily commuters, and seemingly constant road construction projects lead to a high number of vehicles on the roads, and a high incidence of accidents.
Our law firm offers legal help for people seriously injured in bicycle accidents, motorcycle crashes, pedestrian accidents, and others. We oversee all aspects of your case from start to finish and manage all communications with insurance companies, attorneys, collections agencies, and anyone else involved. You can concentrate on healing while we focus on securing your financial future.
Most Common Types of Personal Injury Cases
Most personal injury claims fall into one of the following categories:
Auto Vehicle Accidents: Every year in the United States, an astonishing 4.5 million people are injured in accidents involving cars, trucks, and motorcycles – more than the entire population of Los Angeles. Most of these accidents were someone’s fault, and many of them were not the fault of the person who was injured. Personal injury liability in Washington is determined by comparative fault. Comparative fault provides that insurance companies determine what percent of fault each driver holds. Therefore, a person receives compensatory relief reduced by the percentage of fault they contributed to the accident. It’s vital to establish the other driver’s fault and minimize any determination of your fault to secure the damages award you deserve. Unfortunately, one cannot do this without the help of experienced Spokane personal injury lawyers.
Medical Errors: According to none other than the American Medical Association, medical malpractice is now the third-leading cause of death in the United States. Medical malpractice cases can be scientifically complex, and the state of Washington requires the parties to attempt to mediate a dispute before taking it to court. Common medical malpractice claims include misdiagnosis, failure to diagnose, surgical errors, medication errors, and birth injuries. Identifying medical malpractice requires an understanding of the duty of care a physician and healthcare facility owed you or a loved one. Retaining an attorney with a comprehensive understanding of Washington’s personal injury laws is crucial.
Wrongful Death: The victim of an injury caused by someone else’s misconduct can file a personal injury claim against the perpetrator. But what happens if the victim is killed in the accident (or dies afterward as a result of the accident)? At that point, the personal injury claim becomes a wrongful death claim, and it can be filed by certain close relatives of the victim and, in some cases, the personal representative of the victim’s probate estate. Washington personal injury laws provide a three-year statute of limitations for wrongful death cases. The earlier your investigation begins, the better your chances of obtaining strong evidence of negligence or wrongdoing. Furthermore, missing the statute of limitations for filing bars you from the opportunity to ever file your lawsuit again.
- Construction accidents,
- Occupational diseases,
- Repetitive stress injuries, and
- Manufacturing accidents.
The most important action after a workplace accident is to seek proper medical treatment and document your injuries. The workers’ compensation system is designed to compensate for workplace injuries, and in some cases, it is possible to claim against a third party outside of the workers’ compensation system. Your attorney explores all available options for filing a third-party personal injury claim. While limits exist for workers’ compensation, there is no limit to compensatory relief for a personal injury claim.
Premises Liability: The owners and operators of premises have a legal responsibility to ensure that those premises are reasonably safe for visitors. This is especially true when visitors have been invited onto the property, such as customers at a shopping mall. Owners and operators have a responsibility to either repair or warn of dangers that are obvious or discoverable by a reasonable inspection of the property.Common examples of premises liability cases include:
- Slip and fall injuries,
- Defective sidewalks,
- Unsafe stairwells,
- Dangerous escalators,
- Poor lighting,
- Unsafe elevators, and
- Unsafe parking garages or lots.
In addition to a claim against a property owner and manager, you may also pursue a claim against the manufacturers of defective products that contributed to your injuries. However, this area of law is particularly complex and requires an experienced attorney.
Products Liability: How many consumer products did you use last week? Odds are, you can’t even count them all. But shampoo, prescription medication, automobiles, hairdryers, etc., can all harm users if they are defective. Other common cases stem from injuries after using the following products:
- Medical products,
- Household appliances,
- Playground equipment.
Product liability law allows you to claim against not only manufacturers but also wholesalers and retailers – all without having to prove negligence on the part of the defendant. In many cases, if you suffered injuries after using a product, the satisfaction of the following criteria permits you to sue for damages:
- You used a product as intended,
- The product was not substantially altered from its original form, and
- You suffered harm.
Defects in products may occur for any number of reasons. Your attorney explores whether the manufacturer undertook the necessary safety testing or failed to warn users of instructions for proper use.
Other Personal Injury Accidents in Spokane, WA
Our Spokane personal injury lawyers have seen it all. We’re ready to represent any personal injury claim, no matter how big, small, or unusual it might seem. Our team has a tremendous record of results, including victories in medically complicated cases. Whatever you’re going through, we’d like to help.
Other types of personal injury cases include exposure to toxic substances, nursing negligence, boating, aviation accidents, and more. Brett McCandlis Brown & Conner PLLC is prepared to assist with:
Our Spokane Personal Injury Lawyers Have Helped Accident Victims For 40 Years
We Achieve Exceptional Results
- Dean Brett uses his 40+ years of experience to handle all types of injury claims in Spokane and across the State.
- Paula McCandlis uses her 20 years of legal expertise and vast courtroom experience to obtain top settlements and verdicts for her personal injury clients.
- David Brown possesses focused experience in both plaintiff and defense law, enabling him to negotiate effectively with insurance adjusters and secure full claim values.
- Matt Conner has devoted his entire career to helping his personal injury and wrongful death clients obtain the financial support they need to recover.
How We Have Helped Their Clients
Through the 40+ years, our Spokane personal injury attorneys have been practicing personal injury and wrongful death law, they have handled hundreds of claims for clients in Spokane and across the state, including:
- $5.5 million for a seriously injured victim of a drunk driver;
- $450,000 for a woman who suffered a broken leg in a fall at a race track;
- Almost $450,000 for pedestrian’s multiple fractures;
- $1 million for the wrongful death of a teenage pedestrian struck by a tow truck.
Frequently Asked Questions (FAQs)
What Is the Washington “family car” doctrine?
The family car doctrine allows an injured party to claim damages from one family member even though another family member was driving the car at the time of the accident. This rule applies if the non-driving family member bought or maintained the car (or another motor vehicle) on behalf of the driver who caused the accident. This might be useful if the driver was uninsured or underinsured.
How are future lost earnings calculated in the event of a long-term injury?
One of the most popular and objective means of proving physical impairment is the Functional Capacity Evaluation (FCE), which is a medical test that measures the extent of the occupational disability that was caused by your injury. Both physical and mental capabilities may be tested.
What is the statute of limitations deadline in Washington state?
If you suffer a personal injury, you typically have up to three years from the date of your accident to either file a personal injury lawsuit or have a private settlement agreement signed by both you and the defendant. If you were to die from your injuries, however, your family and your estate executor would retain the ability to file a wrongful death lawsuit for three years after the date you died. Limited exceptions to these rules sometimes apply. It’s never recommended to rely on the potential exceptions to the statute of limitations filing period. These exceptions are rarely granted and apply only in particular situations.
Can I sue the company that a driver works for if the accident happened while the defendant was on duty?
You can sue the driver’s employer if the driver was an employee of the company (not an independent contractor) and if he was acting within the scope of his duties at the time of the accident. Ultimately, it is the court, not the company, that determines whether the driver was an employee or an independent contractor.
Is it necessary to go to court for a personal injury claim in Spokane?
In Spokane, it’s not always mandatory to take a personal injury claim to court. Often, your personal injury attorney can assist in negotiating a settlement with the responsible party or their insurance company. This approach can lead to a resolution without the need for a court trial. However, if negotiations don’t yield a satisfactory outcome, your attorney is prepared to represent you in court to seek the compensation you deserve for your injury. This flexibility allows for different approaches based on the specifics of your case and the willingness of the other party to reach an agreeable settlement.
What If I don’t file the personal injury claim in the given time?
If you fail to file a personal injury lawsuit within the designated timeframe in Washington, which is three years, the repercussions can be significant.
Should you miss this deadline, your legal right to pursue compensation for your accident-related losses may be forfeited. The party responsible for your injuries could file a motion to have your claim dismissed based on the statute of limitations being exceeded. As a result, you might find yourself unable to receive compensation for the damages you’ve suffered. This is why it’s crucial to consult with an attorney promptly. A lawyer can help you navigate the legal process, ensuring your claim is filed on time and that your injuries are adequately documented and proven, thereby avoiding the risk of your claim being invalidated due to a lapse in the statute of limitations.
What should I do if I’m injured by a non-resident of Spokane?
If you’re injured by someone who doesn’t reside in Spokane, pursuing compensation can be challenging. Small claims courts might be reluctant to handle cases involving out-of-state defendants, particularly if they argue against traveling for the trial.
In such situations, consulting with a Spokane injury lawyer is advisable. They can guide you through your options. When the responsible party is based out of state and unwilling to settle, your attorney can assist in negotiations and strive to secure compensation for your claim. Their expertise becomes crucial in navigating the complexities of inter-state legal proceedings and ensuring your rights are protected.
What Personal Injury Damages Can I Recover?
Washington permits injured victims to recover compensatory damages in the form of economic and non-economic damages. These damages include the following:
- Medical expenses,
- Property damage,
- Loss of income,
- Loss of future earnings,
- Pain and suffering,
- Emotional distress,
- Loss of consortium, and
Punitive damages may also be awarded in specific situations and focus on punishing the party at fault for their intentional, malicious, or reckless actions. Punitive damage awards go beyond compensatory relief and hope to deter future conduct. Although rarely awarded in personal injury cases, your attorney may explore this option with you if the facts of your case warrant it.
Your neighbor, a local surgeon, purchases a car for his teenage son. The son drives while intoxicated and collides with your car. Three people in your car are injured, including you, and the total damages are $77,000. The defendant is only insured for $50,000 per accident (the minimum in Washington state), leaving you and your friends $27,000 short. You can sue the surgeon for the extra $27,000 under the family car doctrine.
Your spouse was injured by negligent medical care during surgery that took place on December 10, 2016. Initially, your spouse has until December 9, 2019, to either file a claim or finalize a private settlement. Unfortunately, your spouse dies from these injuries on March 14, 2017. Her personal injury claim is converted to a wrongful death claim in favor of her probate estate and her husband and children, and the deadline for filing a lawsuit is extended to March 13, 2020.
Speak With a Proven Spokane Personal Injury Lawyer Today
When an accident, injury, or wrongful death happens, it is important to work with an experienced Spokane personal injury attorney that knows the regional insurance companies and how they handle claims, and most of all, that knows how to obtain a full settlement for their clients.
Reach out to Paula, Dave, Matt, and Dean if you are struggling with the aftermath of an accident and need some support and advice. They know what you are dealing with now, and they know what you will need to deal with in the future. You will know what to expect, you will know what your rights and options are, and you will not have to deal with insurance companies alone.
Brett McCandlis Brown & Conner PLLC is the law firm that will help you through this. Find out how we can help our Spokane personal injury lawyers can help you move forward with your life after an accident or injury. Talk to our legal team immediately by calling us directly, or completing our convenient contact form. We will get back to you immediately. If you are dealing with injuries after being in a car, truck, bike, motorcycle, or pedestrian accident, let them help you too.
Our office in Spokane, WA