Nobody wants to deal with medical problems in any shape or form. It’s even worse when those medical problems are created or worsened by the medical professionals who are supposed to be treating you.
Unfortunately, medical errors are one of the major causes of accidental death in the US. Therefore, it has become crucial for everyone to know how to recognize medical malpractice.
Generally the Statute of Limitations in Washington on a Medical Malpractice case is three years from the date of the negligent conduct. Therefore, if a lawsuit has not been started within the three year time frame, the claim is usually barred. However, in certain situations there can be exceptions to the three year time limit for conditions that were not known within the three year time frame. In that situation, you generally have 1 year from when you knew or should have known of the negligence. Other tolling provisions may also apply depending on the situation, so if you have a potential medical negligence claim, you should have your claim reviewed by an experienced attorney even if you believe you may be past the standard three year statute.
A nursing home injury/abuse claim may encompass some medical negligence, but there may also be vulnerable adult claims, premises liability claims, standard general negligence claims, negligent hiring and employee oversight claims, and corporate negligence claims, as well as intentional conduct claims like civil assault and battery claims. A nursing home abuse/injury claim requires a full analysis of the facts and many of the viable claims can depend on the potential defendants involved, and the type of harm that occurred. If you have a possible nursing home claim, you should have the claim reviewed promptly, as some potential claims may have a shorter statute of limitations than the traditional three years.
Generally, no. You usually cannot reopen a medical malpractice claim after it has settled. Part of the settlement process involves the signing a comprehensive release document that prevents you from reopening the claim to try to obtain more money.
Yes, you can bring a medical malpractice lawsuit against any health care provider, medical facility or hospital that has provided medical treatment that is below the standard of care for a similarly situated prudent medical provider in Washington.
Medical Malpractice claims require a careful review and analysis of the specific facts in a given situation. This usually begins with us reviewing your medical records. After record review, we may have the claim reviewed by a medical expert to provide us with an initial determination on any specific breach of the standard of care that occurred. It takes time to do a thorough review, so if you have a potential malpractice claim, you should not delay in having your possible claim reviewed.
A misdiagnosis or the failure to diagnose a condition are often good indicators of medical negligence. However, misdiagnosis and diagnostic errors alone do not mean you have a viable medical negligence claim. There are other components to a medical malpractice claim that have to be analyzed to see if you have a valid malpractice claim.
In Washington, medical malpractice exists where the health care provider failed to exercise the degree of care, skill and learning expected of a reasonably prudent health care provider in Washington acting in the same or similar circumstances, and that failure must be the cause of the injury or harm that the patient suffered.
Initially you will want to obtain any and all medical records from your treating physicians during the time frame that you believe the negligence occurred. If the medical records and an initial expert opinion support a malpractice claim, we will need to obtain additional information from you to support other elements of your claim, like damages. This usually requires providing documents that support your economic loss, out of pocket expenses, as well as documents that “show” how your life has been affected by the harm that was caused by the medical negligence. Don’t worry, we work with our clients to determine what evidence will be the most helpful to prove your case.
As an American, your civil rights are guaranteed by the Constitution, as well as federal and state laws. A violation of these rights is not something that should be taken lightly. When the people who should be responsible for protecting and enforcing these rights are the ones doing the violating, what happens?
Employment discrimination, police misconduct, sexual harassment, and disability discrimination are some instances of civil rights violations. Unfortunately, the most common civil rights cases are police misconduct, which includes excessive force, wrongful imprisonment, false arrest, and malicious prosecution.
Yes, legal action can be brought if your civil rights have been violated, and the violation causes you harm as a result. There are many types of claims that may be brought depending on the facts and circumstances in a given situation. If you believe your rights have been violated, you should have your situation reviewed by an experienced attorney.
Yes, generally, the same three year statute of limitations applies to injuries sustained as a result of a civil rights violation. As with any injury claim, there may be exceptions to this time limit depending on the type of claim being brought. Civil rights claims being brought against the government normally have a pre-filing notice requirement (government claim form and waiting period) that has to be met prior to a lawsuit being filed. We recommend you have your potential claim reviewed promptly, so that we can fully investigate the facts and circumstances of your situation and comply with any pre-filing requirements prior to the statute of limitations date.
If you believe your employer has violated your civil rights, you should have your concerns reviewed by an experienced employment law attorney. Civil rights generally involve a harm caused by the employer taking a negative employment action toward you because of your race, religion, gender, disability, age or some other protected status. This could be obvious discrimination such as being told you are fired because your race, nationality or gender are “not a good fit” for the job; or, that you are too old for the job; or perhaps your disability interferes with your ability to do your job. Too often employers are more subtle about the method and manner in which discrimination occurs. For example, an employer may say they are a proponent for gender equality, but in reality, there are unspoken, varying standards or pay differentials occurring. The types of claims that can be brought against an employer depend on the specific set of circumstances you are dealing with.
Additionally, a savvy employer will not likely terminate an employee if they have an issue with some aspect of the employee that may trigger a civil rights wrongful termination claim. Such an employer is much more likely to make subtle changes to the employee’s work environment with the end goal of forcing the employee to quit their job. This is referred to as a constructive discharge and is treated no differently than a termination under the law.
Finally, you should keep in mind that the statute of limitations on employment claims vary. Also, there may be pre-litigation filing requirements, such as filing a claim with the EEOC, and/or working with your union representative or completing an administrative process. Because the viability of claims, requires a careful analysis of the facts of your specific case, we recommend you have it reviewed by an experienced employment attorney as soon as the concern arises.
Yes, the police are not above the law, and can be held liable for intentional misconduct as well as negligence in the method and manner in which they carry out their duties. This may be seen in an excessive force situation, a failure to provide necessary medical care in custody, or even negligent driving that results in injury. There are doctrines of law that protect officers from legal action in a situation where they were acting under the color of their authority and arguably were not aware that their actions violated an individual’s rights. This is called qualified immunity. Similarly, a law enforcement agency can only be held liable if it has in place a policy, custom or practice that violates the rights of the citizens it protects. This does not shield them from liability for certain acts carried out by employees. The legal analysis for these claims can be complex. If you believe your rights have been violated by a law enforcement officer or agency and that this violation of your rights has caused you injury or harm, you should have a thorough evaluation conducted of your individual situation by an experienced attorney.
Head and brain injuries are usually the most devastating type of injuries. They may have been caused by an accident or medical negligence. Whichever is the case, not only do they have medical ramifications, but they often have emotional, physical, and psychological effects as well. They can affect your cognitive functioning and give you significant difficulty with your memory.
So if you’ve suffered a traumatic brain injury due to someone else’s negligence, you may be due some compensation for your medical and other expenses.
Often people that sustain a traumatic brain injury (TBI) have been diagnosed with “concussion” or “mild head trauma” in the Emergency Room. However, numerous people each year go undiagnosed because they have the mistaken belief that a TBI requires a person to have a “loss of consciousness” or major head trauma. In reality, you can sustain a traumatic brain injury simply from the acceleration / deceleration forces that occur in a standard motor vehicle crash, without your head ever striking anything at all. These “whiplash” injuries toss the brain around inside the skull with such acceleration and force that the brain crashing into the bone causes tears and hemorrhaging in the brain tissue; resulting in a traumatic brain injury. These seemingly invisible traumatic brain injuries can be severe and life changing.
Common symptoms to watch for are headaches, sensitivity to light or sound, vision changes, speech or hearing changes, memory difficulties, balance difficulties, difficulty with finding the right words to use to communicate, becoming easily agitated, personality/behavioral changes, and loss of impulse control. These are just some of the common symptoms people may experience if they have sustained a head injury. You likely will not experience all of these symptoms as each head injury is different and different areas of the brain control different functions. If you are experiencing any strange or confusing symptoms after a trauma, you should discuss those with your doctor.
If you’ve sustained a traumatic brain injury (TBI) as the result of the negligence of someone else, even medical malpractice, you have the right to be compensated for the harm caused. With head injuries, it is important to work with an experienced attorney who has a strong working knowledge in the area of brain injury litigation. Specifically, without limitation, you need someone skilled in establishing how the injury occurred, what the extent of the damage is, your pre-injury condition as compared to the “change” that occurred as a result of the TBI; and what the recovery period, and post recovery will look like. For all of these reasons, if you think you, or someone you know has suffered a traumatic brain injury resulting from the negligence of some other person, you should contact an attorney experienced in handling brain injury cases as soon as possible.
Washington’s statute of limitations for any personal injury, including a traumatic brain injury, is generally three years. This means you either have your case resolved or a lawsuit filed within the three year time frame or your claim is forever barred. That said, there are exceptions to this rule. For example, if the brain injury is the result of an intentional act such as an assault or battery, the statute is two years. Also, a child that is injured or a person that is incapacitated (i.e. unable to handle their own affairs) may be able to extend the statute of limitations under certain circumstances. Suffice it to say, you should not procrastinate. If you believe you may have a claim you should contact a knowledgeable attorney to evaluate your specific situation as soon as possible.
Most personal injury lawyers work on a contingent fee basis, meaning the lawyer recovers a fee when / if the lawyer secures a financial recovery for you. The contingent fee is paid out of the proceeds of the settlement, so you will not have to worry about the ability to pay an attorney hourly as your case progresses. The contingent fee percentage is usually based on several factors such as the difficulty of the case, the risk taken on by the lawyer based upon complexity and other issues of your case, and length of time a case takes to resolve. The typical contingent fee ranges from 33 and 1/3% to 50% of the gross settlement amount depending on case variables. You should also keep in mind that there are costs associated with retaining any lawyer that are ultimately your responsibility. For example, if your injury is the result of a medical negligence claim, experts would have to be retained right away to determine if the injury was the result of negligence or a known risk or complication; similarly, in an auto crash case the initial evaluation may require hiring an engineering expert or reconstructionist. These experts cost money. Some lawyers require you to pay these initial costs up front. In any event, you are ultimately responsible for these costs in addition to any attorneys’ fee.
Further, in many TBI cases, we often have to go through the Court approval process to resolve a claim if the injured person has a guardian or difficulty understanding because of the head injury they sustained. This process includes the Court reviewing and approving the contingent fee and costs associated with the case.
Finally, in Washington, RCW 4.24.005, allows a person to request the Court review the lawyer’s fees for reasonableness within 45 days resolution, if they believe the contingent amount being charged is too high based on the work performed.
You want to make sure the attorney you hire has knowledge and experience handling traumatic brain injury (TBI) cases. You should also look for an attorney who has personal experience not only representing brain injured clients and their families, but has had personal experience dealing with individuals in their own family or social circle who have had brain injuries. Brain injury cases are specialized. They require a lawyer who understands the issues that come with a brain injury. The only way a person truly understands what it means to have a brain injury or live with someone that does, is someone who has experienced the effects of a TBI in their personal life. You want a compassionate lawyer, who truly “listens” to you and your family. A lawyer who can understand what you’re going through and grasp the profound impact your injury has had on your life, and is willing to go to the matt to protect you and your future.
People who sustain TBI’s often have difficulties maintaining employment and/or working at the level they were pre-injury. Frequently TBI survivors have ongoing care needs for years to come and possibly for the rest of their life. It’s important an attorney really get to know you and understand what you’ve lost, and what you need into the future. The attorney you hire is responsible for gathering evidence to prove the harm caused to you and your family, to help maximize the amount of money you will have after your claim resolves. The attorney needs to be able to effectively relay all the changes that have occurred in your life as a result of your TBI, and this all begins with the attorney “listening” and being willing to learn all about you and your family.
Finally, you want an experienced brain injury attorney who is tied into the network of local, regional, and national support groups; an attorney who has connections with the top neuropsychologists, neurosurgeons, and neuroradiologists in the country; an attorney who has top experts in the field in their cell phone contacts list, and can consult with them at any time.
Attorneys in our office fill all of the above criteria. We are committed to bringing you the best care and representation available – because we care.
Simply because you file a lawsuit does not mean that you will be required to go to court. Traumatic brain injury cases can resolve without trial, and most do. That said, we believe the Latin phrase, Si vis pacem, para bellum — “If you want peace, prepare for war” – always applies in our practice. We prepare every case as if we are going to go to trial. By thoroughly preparing your case for trial, we maximize the value of your case. This process either results in the defendant entering into reasonable negotiations, or enables us to effectively relay your case to the jury should we have to try the case. Because we practice in this manner, defense firms know they are in for a fight if they see our name in a case. We are prepared to go to the mat for our clients anytime, anywhere. This drives up settlement value on cases and leads to earlier resolutions if a case is going to resolve.
After a car accident, ensure your safety and the safety of others by moving to a safe location if possible. Washington law (RCW 46.52.030) requires that accidents involving, injury, death, or damages of $1,000 or more be reported to authorities, so follow these steps:
In Washington, you generally have three years from the date of the accident to file a personal injury claim. It’s crucial to consult with an attorney as soon as possible to ensure your claim is filed within the appropriate time frame.
If the other driver is uninsured or underinsured, you may still recover compensation through your own insurance policy under Washington’s uninsured/underinsured motorist coverage. An attorney can help you navigate this process and explore other potential sources of compensation.
Washington follows a comparative negligence rule, which means fault can be shared between parties. Gathering evidence is essential in establishing fault, such as:
Washington law RCW 4.56.250 covers non-economic damages and defines economic and noneconomic damages in personal injury or death cases.
You may be entitled to various types of compensation, including:
The specific damages you can recover will depend on the details of your case.
It’s advisable to avoid speaking with the other driver’s insurance company without first consulting with an attorney. Insurance adjusters may try to minimize your claim or obtain statements that could harm your case. Your attorney can handle communications to protect your interests.
Even if you are partially at fault for the accident, you can still recover compensation in Washington. However, under Washington’s comparative negligence rule, your compensation will be reduced by your percentage of fault. For example, if you are found 30% at fault, your compensation will be reduced by 30%.
The time it takes to settle a car accident claim can vary depending on:
Some claims may settle within a few months, while others could take a year or more, especially if a lawsuit is necessary.
When meeting with a car accident lawyer, you should bring key documents such as:
These documents help your attorney assess your case effectively. At Gilbert Law Firm, we can assist you by gathering necessary evidence, reviewing the specifics of your case, and working to secure the compensation you deserve.
While you are not required to hire a lawyer, having an experienced car accident attorney on your side can significantly improve your chances of obtaining fair compensation. An attorney can help you navigate the legal process, negotiate with insurance companies, and ensure your rights are protected.
Truck accidents often involve more severe injuries due to the size and weight of commercial trucks. Additionally, truck accidents typically involve multiple parties, such as:
The regulations governing trucking companies are also more complex, requiring specialized legal knowledge to navigate.
Multiple parties may be liable in a truck accident, including:
An attorney can help identify all responsible parties and pursue claims against them.
Victims of truck accidents may be entitled to various types of compensation, including:
In cases of severe negligence, punitive damages may also be awarded.
Even if the truck driver was an independent contractor, the trucking company may still be held liable for the accident under certain circumstances. An attorney can help determine the nature of the driver’s employment and the company’s liability.
It’s advisable to avoid speaking directly with the trucking company’s insurance adjuster without consulting an attorney. Insurance adjusters may try to minimize your claim or get you to settle quickly for less than you deserve. With extensive experience in dealing with insurance companies, our attorneys at Gilbert Law Firm will fight to secure a fair settlement while you focus on your recovery, in line with Washington’s insurance laws.
Fault in a truck accident is determined through a thorough investigation that may include:
An experienced attorney can help gather and analyze this evidence to establish fault.
Liability in a bike accident can fall on various parties, including:
An attorney can help identify the responsible party and pursue compensation on your behalf.
Victims of bike accidents may be entitled to various types of compensation, including:
The amount of compensation depends on the severity of your injuries and the impact on your life, in accordance with Washington’s personal injury laws.
In Washington, the statute of limitations for filing a personal injury claim after a bike accident is generally three years from the date of the accident. It’s important to act within this time frame to preserve your right to seek compensation. Gilbert Law Firm can help you file your claim promptly and ensure that all necessary documentation is in order, so you don’t miss out on your chance to recover damages.
While Washington law requires helmets in certain areas, not wearing a helmet does not automatically prevent you from recovering damages. However, the lack of a helmet might be used to argue that you contributed to your injuries, potentially reducing your compensation under Washington’s comparative fault rule. An attorney can help navigate these issues and advocate for your fair compensation.
The driver of the vehicle that hit you is often liable, but other parties may also be responsible, such as a municipality, if poor road conditions contributed to the accident. An attorney can investigate the circumstances and determine who should be held accountable.
Washington follows a comparative negligence rule, which means you can still recover compensation even if you were partially at fault for the accident, such as jaywalking. However, your compensation may be reduced by the percentage of fault assigned to you.
As a pedestrian accident victim, you may be entitled to various types of compensation, including:
The amount depends on the severity of your injuries and the impact on your life.
The time it takes to settle a pedestrian accident claim varies depending on:
Some cases may settle in a few months, while others could take longer if litigation is involved. Gilbert Law Firm is committed to guiding you through every step of the process, ensuring that your case moves forward as efficiently as possible while maximizing your chances of obtaining fair compensation.
A wrongful death claim is a legal action filed by the surviving family members of someone who died due to the negligent, reckless, or intentional actions of another person or entity. This claim seeks compensation for the losses suffered by the family, which can include financial support, companionship, and emotional suffering.
In Washington, the surviving spouse, registered domestic partner, children, or stepchildren of the deceased can file a wrongful death claim. If none of these parties exist, the deceased person’s parents or siblings may be eligible to file a claim.
Damages in a wrongful death claim can include:
The exact damages depend on the circumstances of the case.
The statute of limitations for filing a wrongful death claim in Washington is generally three years from the date of death. It’s crucial to consult with an attorney promptly to ensure your claim is filed on time. Our legal team at Gilbert Law Firm can guide you through this process, ensuring all documentation is completed and deadlines are met while also providing compassionate support during this difficult time.
To prove negligence in a wrongful death case, you must demonstrate that:
An experienced attorney, like those at Gilbert Law Firm, can help gather critical evidence such as medical records, accident reports, and witness statements to build a strong case and prove negligence.
The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for specific family and medical reasons, such as:
The FMLA ensures that employees can take leave without fear of losing their job or health insurance coverage.
To be eligible for FMLA leave, you must meet the following criteria:
If you meet the eligibility criteria and provide appropriate notice, your employer cannot legally deny your FMLA leave. However, they may request documentation to support the need for leave. If your employer unlawfully denies your leave, you may have grounds for a legal claim under the FMLA. Our FMLA lawyers at Gilbert Law Firm can help you understand your rights and pursue legal action if necessary.
FMLA leave is generally unpaid. However, you may choose to use accrued paid leave, such as vacation or sick time, during your FMLA leave, or your employer may require you to use it.
It is illegal for an employer to retaliate against you for taking FMLA leave. Retaliation can include:
If you experience retaliation, you should contact a reliable attorney with a proven track record to discuss your legal options.
Nursing home negligence occurs when a facility or its staff fails to provide the standard of care required, resulting in harm to a resident. This can include failing to meet the following:
Common signs of nursing home negligence include:
These signs may indicate that a resident is not receiving proper care as required under Washington’s nursing home care standards.
If you suspect negligence, follow these steps:
Additionally, consulting with an attorney is advisable to discuss legal options and ensure the safety of your loved one. Our attorneys at Gilbert Law Firm can assist by evaluating the situation and helping you take appropriate legal action.
Yes, if your loved one has suffered harm due to negligence in a nursing home, you can file a lawsuit against the facility and any responsible parties. Compensation may cover:
An experienced attorney can help you pursue a claim.
Nursing home residents in Washington have the right to:
If these rights are violated, legal action can be taken to hold the facility accountable and seek compensation for any harm caused.
Predatory sexual assault refers to situations where an individual uses their position of power, authority, or trust to sexually abuse or exploit a vulnerable person. This can include:
Common targets of predatory sexual assault include:
Predators often exploit positions of authority to gain access to their victims.
Victims of predatory sexual assault can pursue criminal charges against the perpetrator, leading to penalties such as imprisonment. Additionally, victims can file a civil lawsuit seeking compensation for damages such as:
If you or someone you know is a victim of predatory sexual assault, report the incident immediately to local law enforcement. Gilbert Law Firm can help you navigate the legal process, ensuring that your rights are protected and guiding you through the steps to pursue justice.
Yes, if an institution such as a school, workplace, nursing home, or religious organization fails to protect a victim from predatory sexual assault, they may be held liable in a civil lawsuit. This can include cases where the institution:
The right legal team can guide you through this complex legal process, ensuring your rights are protected while pursuing justice and fair compensation for the victim.
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Social security disability
It can be challenging to earn a living when you’re disabled, either mentally, physically, or emotionally. Fortunately, the Social Security Administration provides benefits for people who have a debilitating personal injury or chronic illness to the point that they are unable to work. These benefits could be available under Social Security Disability Insurance or Supplemental Security Income.
What can I do if my social security disability claim was denied?
If your social security disability claim was denied the most important thing to do is file an appeal within 60 days of the date on the denial letter you receive. Failure to file an appeal within 60 days will likely require that you re-apply for your social security disability benefits all over again. Social security takes 4-5 months to review initial applications, so if you miss your 60 day appeal window, you will be waiting another 4-5 months before receiving another denial letter that you can then appeal. It’s likely you will need to enter the appeal process before benefits are granted as approximately 70% of initial applications are denied.
You also want to continue treating with your medical providers throughout your claim, and especially on appeal. Social Security regulations require the claimant to have medical record evidence in the file that documents the condition(s) causing the disability and the functional limitations that the claimant’s conditions impose on a person’s ability to work.
What's the process for filing an appeal?
To keep your disability application moving through the appeal process, you simply need to contact social security and let them know you are wanting to file an appeal and timely complete all the paperwork you receive. However, if you want to prevail on appeal, an attorney can significantly increase your ability to get a favorable benefit decision.
The different stages of appeal are as follows:
How long do I have to file an appeal?
You have 60 days from the date of the denial decision to file an appeal. The 60 day deadline applies at each stage of the appeal process. After any denial or unfavorable decision made on your claim, you have 60 days to appeal to the next review level.
How long does an SSDI/SSI claim take?
Generally, a social security disability claim can take a long time, depending on your location in the country and the backlog of appeals in the local area. The following are general time frames seen in Eastern Washington.
A social security disability claim if approved on application takes 4-5 months. If a denial is received and appealed, the reconsideration stage can take another 2-4 months. If a denial is received on reconsideration, a request for hearing is filed and it can take 1-2 years before you will have a hearing in front of an administrative law judge. (The Spokane hearing office tries to provide the claimant a hearing date within 1 ½ years of the request for hearing being filed.) If you receive an unfavorable decision after hearing, an appeal is filed with the Appeals Counsel, and it can take up to another 6 months before you know if the appeal is going to require filing a lawsuit in Federal Court. Federal Court cases do not have a set time frame, and some have taken years depending on the case.