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FAQ

Frequently Asked Questions

The first step towards justification is staying informed. At Ramirez & Walker, Inc., we want to encourage and inform the victims of personal injury not to give up. There are several avenues that can be taken to go after full reimbursement for your losses. Here are some of the answers to frequently asked questions about personal injury claims.

What kinds of personal injury claims are there? A person will probably only pursue one personal injury claim in their lifetime so they may not know what to do and all the different accidents that can be brought before the court. If you or a loved one has been injured or unlawfully killed because of a car accident, drunk driving accident, slip and fall, or product malfunction then you may be able to go after full restitution for damages incurred upon you. Whether you were injured on the job and you want to pursue workers compensation or a negligent doctor impaired you and you wish to file a medical malpractice suit, both are viable personal injury claims. If your family member has been the victim of nursing home abuse or your insurance company is in bad faith and will not give you the benefits you require, you need a hard-hitting lawyer on your side.

What compensation could I be eligible for? There are certain things that must be proven in a personal injury case including the fault and negligence of another business, individual or entity that resulted in your physical harm. Once it is established that you are the victim of personal injury you may be reimbursed for any of the infringements you have had to face such as additional medical expenses, physical pain you have had to endure, mental anguish, impairment of any kind or disfigurement. The same goes for your spouse, if someone you love has been injured or lost their life because of someone else's irresponsibility, they you can file a wrongful death suit against them.

How long do I have to file a personal injury claim? The statute of limitations in Washington will only honor claims that are made within three years of the date of the accident. If the victim is a minor, then the three-year rule does not apply until they reach the age of 18 and then thee claim would expire on their 21st birthday. The time limit is shorter is the injury was sustained through an intentional act.

Am I able to re-open a closed personal injury claim? It is not uncommon for patients to close their claims and then experience pain of a similar or different nature sometime down the road, still related to the initial incident. When we sustain an injury in one area, our bodies tend to overcompensate for that weakness in other area causing added strain from overuse. According to the system of workers compensation, if permanent impairment in one part of the body causes symptoms of impairment in a different area of the body, then you should be able to re-open your claim for the new condition.

If I am unable to work and financially provide, will I get paid for the time lost? If an injury, ailment or disease inhibits you from performing your everyday work responsibilities for which you are qualified, you should be entitled to "time-loss" benefits. These are calculated by looking at your wages and how much you were making at the time of your accident and then you will receive a percentage of that amount. When deciphering the amount they will look at your marital status, if you are single, divorce, or have any children, but it will usually vary between 60-75% of your previous earnings. You may also be eligible for "Loss of Earning Power or (LEP) benefits, which are paid out once a month and you must submit your pay stubs to the Department of Labor and Industries for evaluation.

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