Focusing On: Personal Injury ~ Liability ~ Negligence
For a Free Initial Consultation About Your Personal Injury Claim,
Please Contact Me Today at 509.747.5605
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Where Are the Laws that Govern Personal Injury Cases?
Unlike other areas of the law that find their rules in statutes (such as penal codes in criminal cases), the development of personal injury law has taken place mostly through court decisions, and in treatises written by legal scholars.
Most states, including Washington and Idaho, have taken steps to summarize 
the development of personal injury law in written statutes. However, court decisions remain the main source of the law in any legal case arising from an accident or injury. In car accidents in which a particular Revised Code of Washington (RCW) or Idaho Code (I.C.) section was violated, the applicable statute(s) can be used to help establish fault for an accident or injury.
To understand how pre-existing case law (or "legal precedent") might be used to strengthen an injury case, suppose that you are involved in an accident or are injured, and decide to hire an attorney to protect your legal rights. During settlement negotiations with insurance companies or opposing counsel, and especially in any legal filings with the court, an attorney should make reference to (or "cite") prior cases in which the courts in your state decided on issues like fault or damages, in ways that are favorable to your position.
For example, suppose you have been injured in a fall on an uneven sidewalk outside your apartment building. In seeking to prove that the owner of your building is at fault, your attorney might cite a case in which your state's supreme court found that owners of residential buildings have a legal duty to ensure that the premises surrounding the building are properly maintained.
For a Free Initial Consultation About Your Personal Injury Claim, Please Contact Me Today at 509.747.5605
I Will Fight for You!
1312 N. Monroe Street
Spokane, WA 99201
