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personal injury Archives

Honesty is Best Policy

When involved in a personal injury claim, it's vitally important to tell your lawyer everything-the good, the bad and the ugly. Nothing is more damaging in a case than getting caught in a lie, no matter how small you think it is. When a judge or jurors find out that a plaintiff lied about one small thing, it taints all of the plaintiff's testimony. It is far better to be truthful about the negative aspects of your case than to gloss over them.

Negligent Entrustment

Under Washington law, the mere fact that a person owns a vehicle does not make him or her liable for the injuries and losses caused by a negligent driver of that vehicle. However, there is an independent cause of action to be made against an owner of a vehicle for Negligent Entrustment. Washington law holds that an owner of a vehicle may be guilty of negligent entrustment if the entrustment of the vehicle posed an unreasonable risk of reasonably foreseeable harm to the plaintiff, or to the class of persons to which the plaintiff belongs.

Principal Differences in the Types and Amounts of Damages Recoverable

The types of damages recoverable are largely governed by the laws of individual states and provinces. While the lawyers at Cross Border Law are licensed in Washington State and British Columbia, the legal principles expressed in this article are generally the same throughout the two individual countries.

BURDENS OF PROOF - Negligence and Strict Liability

In every civil case, the plaintiff has the burden of proving the basic elements of negligence-duty, breach, causation and damages-and such proof is required by "a preponderance of the evidence". This is defined as "more probable than not" or "more likely true than not true" or "on a 51% basis". The reality is that a plaintiff must be prepared to show proof on a much more significant basis than 51%, as a juror is unlikely to award significant damages without substantial proof of injury and loss.

Why do I need a lawyer to deal with a serious personal injury claim?

Why do I need a lawyer to deal with a serious personal injury claim?
When you've been injured, the party responsible for your injuries often carries insurance to cover some or all of the damages you have suffered. However, an insurance company's primary goal is to maximize its profitability by minimizing the amounts it pays out in claims. Insurance adjusters are professionals - and they're skilled at undervaluing the claims of injured people for their company's benefit. You can choose to settle a wrongful claim on your own - but you may end up settling your case for a fraction of its true value. Hiring the right lawyer levels the playing field between you and the insurer, and ensures that you receive compensation for the full value of your claim.

How Does Personal Injury Law Differ in the US and Canada?

personal injury related to "whiplash" or soft tissue injuries, Washington law typically affords higher trial judgments and settlements for injuries involving broken bones, psychological injuries, and wrongful death. Many Canadian lawyers will act for Canadian clients injured in the US with a view toward settling their personal injury claims, but indeed, that's all they can do-try settling your case. Without the license to initiate litigation in the US, Canadian lawyers will have difficulty maximizing the value of a cross border personal injury case in settlement, and are simply unable to force such a case to trial without engaging counsel in the US.

Comparing Personal Injury Law in the US and Canada - A General Overview

In both the US and Canada, personal injury law, a subset of the law of Negligence, is based on the English system of Torts. While much of the procedural law governing personal injury litigation, including the types of damages recoverable, is controlled by the laws of individual states and provinces, the two countries share much of the same substantive law.

Schedule A Consultation

For many people, contacting a lawyer can seem like an intimidating task. At Cross Border Law, we make every effort to be approachable and personable. We understand the stress and worry that injured individuals face. Call or email either of our offices to schedule a free consultation.

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