What You Need to Know When Seeking Legal Counsel

Statute of Limitations

Many laws have a statute of limitations, which is the time you have from the date of the incident to begin legal proceedings. In Washington, the statute of limitations on personal injury cases is three (3) years. For example, if you were in a car accident on January 3, 2021, you have until January 3, 2024 to begin legal proceedings for the accident. 

There are some exceptions to this rule, including: 

• • The injured was a minor or deemed mentally incapacitated at the time of the incident. Once the minor is 18 or the person has been deemed mentally fit for a trial, the three-year timeframe begins. 
  • The injury was not diagnosed until a later time. In these cases, the three years begin on the day of the diagnosis. 
  • The case is against a local government entity. The plaintiff will then have 90 days to file a claim. 

If one or more of these apply to you, speak with Joshua Maurer right away. He can provide you with sound legal advice so you can file a personal injury claim at the right time.

That being said, if you have been in a personal injury accident, it's crucial to contact Maurer Law soon after so that Joshua Maurer can begin work on your claim and collect evidence while it is still fresh. If you are unsure if you would like to file a claim, you should still speak with Joshua Maurer. He can help you decide if it's the right decision for you. Contact the office today to schedule a free consultation with Joshua Maurer; he can listen and evaluate your case. 

The Four Legal Elements of Negligence

In a personal injury case, the key is to establish the four elements of negligence in order to hold a party liable. As head of our law firm in Spokane, WA, Joshua Maurer is experienced in collecting evidence to support each of the following elements: 

Duty-Of-Care

Duty-of-care is a person's or party's obligation not to harm another or put them in danger. In general, every person has a duty of care for others, but this is especially necessary in specific situations such as: 

• When driving a vehicle: As a responsible driver, you must obey traffic laws and roadway signs and practice safe driving habits. This includes avoiding risky behaviors, not driving distracted, and maintaining your vehicle to prevent danger to others. Failing to do so can place you at fault in the event of an accident. 
• Maintaining a business or property: As a property owner, whether you rent or own a business, you must reduce hazards and maintain the establishment to prevent injury. This includes utilizing wet floor signs, ensuring rugs lay properly, snow and ice are removed, and walkways are free from obstructions. 
• Healthcare: As a doctor, nurse, therapist, or another healthcare professional, people entrust you with their health and safety. That's why it's essential to follow all proper protocols and procedures. 

Breach Of Duty

After establishing that the party had a duty of care, Joshua Maurer will seek to prove that they breached this duty, resulting in the harm or injury of the plaintiff. Examples would be someone running a stop sign, driving drunk, not following proper medical procedures, and failing to warn consumers about potential issues with a product. In each of these cases, the responsible party had a duty of care that they did not follow. 

Causation

In addition to establishing that the party breached their duty, we will also show how this directly caused your injuries. This may require witness testimony, documents, or video of the event. 

Damages

Damages refer to emotional or physical losses experienced by the plaintiff. This includes the injuries themselves as well as lost wages, medical bills, pain and suffering, and so on. 

Once these four elements have been provided, the plaintiff can seek compensation for these damages from the responsible party. Joshua Maurer and his team can collect all of this information for you and fight for the compensation you deserve.