Practice Areas

Personal Injury Lawyer in Everett, WA

Personal Injury Representation

The legal system is confusing to navigate and it’s hard to know what to do. If you’ve been injured by the negligence of another, I can help. I’ve spent my entire career, since 1997, representing people injured by the negligence of others. Over that time I’ve worked on cases from straight-forward auto accidents to complex cases involving premises liability, medical malpractice, and product liability.

Put my experience to work for you. You’ll obtain a  realistic evaluation of your case, legal guidance you understand, and regular communication so you stay fully informed on your case.

Table of Contents: for your convenience, below are quick links that will take you to the corresponding sections lower on this page.

If You’ve Been Injured and Need Answers

If you’ve been injured and are seeking an experienced and dedicated personal injury attorney, contact me for a free consultation.

Types of Personal Injury Cases I Work On

Whether it’s an injury resulting from an accident or professional malpractice I can help. To find out if you have a case, contact me for a free consultation.

Personal Injury Practice Area - icon

Personal Injury

Don’t let someone else’s negligence ruin your life. 

Accident Practice Area - icon

Accidents

Accidents are really just another term for negligence.

Malpractice Practice Area

Malpractice

Don’t a professional’s negligence ruin your life.

Derek Radtke - Personal Injury Lawyer

When To Contact a Personal Injury Lawyer

You should contact a personal injury lawyer sooner — rather than later. Evidence can disappear.  For example, 911 call recordings are only saved for a limited time. Video evidence from a business may also only be saved for a limited time.  Witnesses and defendants could become difficult to find or may pass away.

These are just some of the reasons to contact a lawyer as soon as you can. Get a free consultation and find out if you need a lawyer and have a claim to pursue.

How a Personal Injury Lawyer Can Help You

You don’t want to be in the position of fielding telephone calls and emails from any insurance companies — and be left wondering if the information you’re providing helps or hurts your case.

A personal injury lawyer will work directly with the insurers, risk management, and opposing counsel to help you recover all damages sustained.  You have enough to deal with, just recovering from your injuries. Let me handle the insurance companies and everyone else.

Choosing a Personal Injury Lawyer

It’s important to choose the right personal injury lawyer. You want someone with experience and who’ll give you a  realistic evaluation of your case, legal guidance you understand, and regular communication so you stay fully informed on your case. Because you’ll be working with an attorney for an extended period of time, It should be somebody who you can get along with and trust.

To find out if we’re a good match and if you have a case worth pursuing contact me for a free consultation.

Questions To Ask a Personal Injury Lawyer

There are a number of questions you should ask a personal injury lawyer. Below are some examples.

  • What are your fees?
  • What’s your experience with personal injury?
  • How long have you been in practice?
  • Have you taken a case to trial?
  • Have you tried any personal injury cases similar to mine to juries before?
  • What are my possible outcomes?
  • Who will be working on my case?
  • What information do you need from me?
  • What do you expect from me?
  • What can I expect from you?
  • What is the best way to contact you?
  • Typically, how long does it take to resolve a case like mine?

Clients always want to know what their case is worth. Unfortunately, this question can not be answered at the initial consultation. It can only be answered after liability has been assessed and the full extent of damages are known.

If you have questions and are looking for answers regarding an injury or accident give me a call at (425) 374-4907 or submit my free consultation form. I provide free consultations to assess the merits of cases.

Personal Injury Lawyer - Free Consultation

If you have questions and are looking for answers regarding an injury or accident give me a call. I provide free consultations to assess the merits of cases. Contact me for answers and to find out whether I’m the right fit for you and your situation.

Personal Injury Claim Process

A personal injury settlement process does not begin until a full recovery is made or the condition has plateaued or reached maximum medical improvement. Once that point has been reached the settlement process is as follows:

  1. A demand letter is sent to the insurer or risk management office of the negligent party.
  2. Negotiation begins
  3. Agreement is reached
  4. A release is signed by the injured party
  5. A check is issued

Settling a Personal Injury Claim With an Insurance Company

A personal injury claim can settle with an insurance company, without filing a lawsuit. Once the treatment has concluded and the medical condition has stabilized, settlement discussions can begin. Evidence supporting your claim is provided to the insurance company, and negotiations can start. If a settlement is reached, a release is signed in exchange for an insurance check.

Steps in a Personal Injury Lawsuit

An example of the steps in a personal injury lawsuit are as follows:

  1. Document the incident
  2. If injured seek medical attention and follow any medical advice
  3. Consult with an attorney
  4. Attorney provides notice of representation to the adverse insurer and/or party
  5. Investigation
  6. Treatment is completed
  7. Case is evaluated.
  8. Demand letter is sent out
  9. Negotiation occurs
  10. If the case is not settled, it’s filed in Court
  11. The lawsuit is served on the defendant
  12. The parties exchange Interrogatories (written questions, answered under oath)
  13. Depositions of the parties, fact witnesses, and expert witnesses are conducted
  14. Focus Group Meetings regarding the case
  15. Mediation or settlement conference occurs
  16. Trial preparation and Motions
  17. Trial

Personal Injury Lawsuit Timeline

If a settlement agreement is not reached, the case is filed in court and served on the defendant. Some courts have a case management schedule that sets the trial date and additional deadlines immediately. Other courts expect the parties to let them know when they’re ready to set a trial date. Federal courts require the parties to confer and recommend trial dates and then the judge will issue a scheduling order with a trial date along with other deadlines.

Once the trial date is set you’ll know what your timeline will be to accomplish the following:

  • Written discovery
  • Depositions
  • Expert disclosures
  • Dispositive motions / Motion practice
  • Mediation
  • Pretrial conference
  • Trial preparation
  • Trial

The time from filing date to trial date varies based on the court where the case is filed, docket congestion, and any public health protocols that may or may not be in place.  The average time from filing to trial is 1 to 3 years.

Personal Injury Settlement Breakdown

The value of a case is not typically arrived at until a client has made a full recovery, or has reached a point where further treatment will be of no benefit. At that time, an assessment can be done and a settlement demand, including all of the client’s harms and losses, can be prepared. The demand will then be forwarded to the other side for consideration.

If a settlement is reached, the adverse party will send one check to cover all damages. This check includes attorney fees, costs, reimbursement of medical expenses, and damages.  An example breakdown of a $100,000.00 recovery would be as follows:

  • $33,333.33 attorney fees (1/3 contingency fee)
  • $5,000.00 costs advanced by attorney for case expenses
  • $10,000.00 in outstanding medical expenses
  • $6,666.67 reimbursement to Personal Injury Protection (PIP) insurer
  • $45,000.00 net to client

Personal Injury Structured Settlement

A structured settlement is where the claimant receives future payments funded by the purchase of an annuity at the time of settlement.  A structured settlement is not appropriate in all cases.

Mediation in Personal Injury Cases

A Mediator is a neutral party that works with the parties to resolve a case.  A mediator does not provide legal advice, take testimony, or order any party to do anything. At mediation lawyers for each party present their client’s case to the mediator in a private setting.

In a typical mediation, the parties meet with the mediator separately and assess the pros and cons of each party’s position. Eventually, the mediator communicates settlement offers between the parties until a resolution is reached, or the mediation is terminated.

Mediation is required before trial in King County Superior Court, as well as in Federal Court in the Western and Eastern District of Washington.

Workers Comp vs Personal Injury

A workers compensation claim is an injury that occurs during work regardless of where you’re at and regardless of fault. Personal injury is when a person is injured by the negligence of another. A Workers Compensation claim can also include a parallel personal injury claim, known as a third-party liability claim.

If you were injured by a third party, in the course of employment, you may collect worker’s compensation benefits (medical expenses, time loss, etc.), and pursue a claim against the third party.

Examples of third party claims include

  • auto collision,
  • forklift collision,
  • defective machinery — such as the lack of a guard to protect hands
  • a general contractor’s failure to enforce WISHA or OSHA safety guidelines — such as lack of fall protection or unguarded edges or openings — leading to an injury.

Contact me for a free consultation to see if you can make a third-party claim against the at fault party, in addition to a worker’s compensation claim.

Frequently Asked Personal Injury Questions

The following are common questions that people have about personal injury. If you have other questions, give me a call or text at 425-374-4907. I’d be happy to give you a free consultation.

What to Expect

When you’re hurt, you probably don’t know what to do. You have competing insurance companies calling you and you’re unclear of their roles and agendas. You may not be fully aware of the benefits you qualify for from your own insurance company — when was the last time you read your policy? — or even who all of the potential at-fault parties are regarding your injury.

The sooner you call the sooner your situation can be evaluated and explained to you — and the sooner I can start working to get you taken care of.

Example of what your experience might be like — from intake to completion

  1. Free Consultation (typically done in person)
  2. If hired, an agreement is signed by both parties. No retainer or advanced cost is required
  3. Notice of representation. I will contact and work with all of the involved Insurance companies.
  4. Ensure medical treatment is given and the proper insurer is paying for it
  5. Assist with damaged vehicle if applicable
  6. Acquire medical records when needed
  7. Once treatment is done, the value of the case can be assessed based on all information available
  8. Settlement negotiations occur
  9. If no settlement is reached a lawsuit is filed
  10. After a lawsuit is filed, a trial date is set
  11. Discovery begins. Discovery will include interrogatories which are written questions answered under oath, and depositions where you’ll be asked questions under oath. In some cases, you may be asked to be examined by a medical expert hired by the defendant.
  12. Many cases settle after the discovery process concludes either informally or through mediation.
  13. If not settled, then trial prep continues.
  14. Trial proceeds.
  15. The verdict is rendered and judgment obtained

Every case is unique and the above is just a general outline of what you may experience. Because both sides are continually weighing the strengths and weaknesses of the case, a case can settle at any time — even during jury deliberations.

Don’t Let Someone Else’s Mistake Ruin Your Life

Regardless of where you’re at in the process, if someone else's mistake or negligence caused you an injury, please submit my free consultation form or give me a call at (425) 374-4907. I can help get things sorted out and make sure you’re getting the medical treatment and benefits you’re entitled to.

I look forward to discussing your case with you,
Derek P. Radtke

Radtke Law Firm (logo)
HOURS
Mon 9 pm – 5 pm
Tues 9 pm – 5 pm
Wedn 9 pm – 5 pm
Thur 9 pm – 5 pm
Fri 9 pm – 5 pm

LOCATION
3721 Colby Avenue
Everett, WA 98201
Get Directions