Frequently Asked Questions Attorney David A. Bufalini, P.S.
The following information includes frequently asked personal injury questions. The answers stated are general in nature and are not intended to apply to every personal injury situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting Tacoma, Washington serious injury lawyer David A. Bufalini, P.S., you can receive a personal consultation regarding your specific legal claim.
What is Personal Injury?
Personal Injury is any physical or mental injury to a person that results from another person's negligence or harmful act. Personal Injury involves civil law cases as opposed to criminal law cases which involve a defendant and the State of Washington. Personal injury can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:
- Auto Accidents
- Animal Attacks
- Dangerous or Defective Product Injuries
- Slip and Fall Accidents/Premise Liability
- Nursing home abuse and Neglect
- Medical Malpractice
- Birth Injuries
What financial compensation can I recover in a personal injury claim?
Accident victims are entitled to recover monetary damages for all losses and expenses suffered from the accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:
- Medical bills
- Lost Wages, including overtime
- Pain and Suffering
- Physical Disability
- Disfigurement
- Emotional Trauma
- Mental Disability
- Property Damage
Under what circumstances can a wrongful death occur?
Wrongful Death Law provides financial compensation to the family of a person whose death was caused by the negligent, willful or wrongful act of another. Wrongful death cases are filed as a result of a variety of situations, including:
- Medical malpractice resulting in decedent's death
- Neglect or abuse on the part of a nursing home that results in decedent's death
- Automobile, bus, train, airplane or other common carrier fatality accident
- Occupational exposure to hazardous conditions or substances (exposure to asbestos, etc.)
- Death during a supervised activity (sports tournament, field trip, etc.)
Who can file a wrongful death lawsuit?
A wrongful death case alleges that the decedent was killed as a result of the negligence of the defendant, and that the decedent's immediate family members (often called "statutory beneficiaries") are entitled to monetary damages as a result of the defendant's conduct. The most common distributees are surviving spouses and children, and sometimes parents.
Pecuniary (financial) injury is the main way damages in wrongful death cases are computed. Courts interpret "pecuniary injuries" as including the loss of support, services, lost prospect of inheritance and medical and funeral expenses. Punitive damages may also be awarded in cases of serious or malicious wrongdoing to punish the wrongdoer, and/or deter others from behaving similarly.
Does someone who is simply not satisfied with the results of surgery have a malpractice case?
No. In general, there are no guarantees of medical results, and unexpected or unsuccessful results do not necessarily mean that negligence occurred. To succeed in a medical malpractice case, a plaintiff has to prove that a medical injury or related damages resulted from the doctor's deviation from the standard of care pertaining to the procedure, not that the results from a standardized medical treatment were unsatisfactory.
Does misdiagnosis fall under medical malpractice?
Yes. Medical malpractice is the failure of a medical provider to properly perform their duties, including the diagnosis of your condition. Misdiagnosis may include the failure to run certain diagnostic tests or failure to diagnose a condition in a timely manner. Medical malpractice is essentially the failure of a medical provider (including doctors, pharmacists, radiologists and laboratory technicians) to use reasonable care in treating a patient.
If you have been injured because of misdiagnosis, you may have a claim against the medical providers who treated you. However, Washington statutes of limitation bar the filing of claims after a certain period of time has passed following the negligent act. For more information, consult medical malpractice Attorney David A. Bufalini.
How do I know if I need an attorney?
If you have been seriously injured in Tacoma, Washington or within the counties of Pierce, King, Thurston or Kitsap, and are unsure about the outcome of your injury, consult with an experienced personal injury attorney as soon as possible. Make sure this is done before you give any official statements or sign papers of any kind. Washington State laws require filing a lawsuit within a specific period of time. Depending upon the circumstances of your case, you may be prohibited from filing a lawsuit and obtaining any compensation for your injuries if you delay. Washington wrongful death lawyer David A. Bufalini, P.S., can advise you on the applicable statute of limitations for your injury case.
What is Assumption of Risk?
If you have knowingly and voluntarily assumed the risk inherent in a particular action that caused an accident, you cannot sue another person for negligence. For example, if you went to a friend's house and they told you not to go out the backdoor because the deck was being repaired and after being told you still went out the backdoor, you assume the risk. If you become injured in most jurisdictions, under the doctrine of the assumption of risk, you would most likely not be able to collect damages.
Another example of assumption of risk is participation in a sport in which certain risks are inherent to the game. For example, if you are playing football and you get tackled and break an arm, you may not sue the person who tackled you. On the other hand, if you are playing tennis and a fight breaks out and you are injured as a result of the altercation, you may be able to sue the person who injured you, since the assumption of risk does not cover any injury that was intentionally inflicted and not an inherent part of the game.
What is a Contingency Fee?
A contingency fee is an industry standard fee that is applied to personal injury cases, and is dependent upon the successful resolution of your case. A contingency fee is a percentage of the monetary recovery obtained by counsel on a client's behalf and is only paid if and when counsel is successful in obtaining monetary recovery, whether through settlement or litigation. The industry-standard contingency fee is about one third of the awarded settlement. A contingency fee is the form of payment earned by a lawyer when he or she states that "there is no fee unless we win your case."
How much does Attorney David A. Bufalini charge for personal injury, medical malpractice or wrongful death counsel?
Washington serious personal injury Attorney David A. Bufalini has very competitive prices, which fall within the range of the industry standard, and tailors fee arrangements for each client's needs. Due to the nature of law, each case is unique and lawyer Bufalini supplies various fee structures to accommodate each client and each client's case based upon:
- Contingency
- Deposits
- Set Fees
- Any combination of the above
Washington fatal accident Attorney David A. Bufalini gives every case individual attention and will work with you to find the best rate plan. There will be no hidden costs. You will be informed of the fees for your case during your first meeting with Washington wrongful death lawyer David A. Bufalini, P.S.
If you or someone you know in Tacoma, Washington, or within the surrounding cities and counties of Washington, needs the assistance or trusted legal advice of an experienced personal injury lawyer, please contact Attorney David A. Bufalini, P.S., today at 877-972-2191, or complete the contact form provided on this site to begin your free consultation with a skilled Washington wrongful death lawyer.
