Practice Areas
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.
- Types of Personal Injury Cases I Work On
- Personal Injury Attorneys
- When To Contact a Personal Injury Lawyer
- How a Personal Injury Lawyer Can Help You
- Personal Injury Compensation
- Personal Injury Claim Process
- Mediation in Personal Injury Cases
- Personal Injury Myths
- Personal Injury Wrongful Death
- Workers Comp vs Personal Injury
- Frequently Asked Personal Injury Questions
- What to Expect
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
Don’t let someone else’s negligence ruin your life.
Accidents
Accidents are really just another term for negligence.
Malpractice
Don’t let a professional’s negligence ruin your life.
Helping You Navigate the Complexities of the Legal System
Personal Injury Attorneys
Don’t choose an attorney that dabbles in personal injury. If you’ve been injured by the negligence of another, you need an experienced personal injury attorney that has dedicated their career to representing the injured. In the last 25 years, I’ve handled more than 2,000 cases and gone to trial more than 40 times. I have the experience and dedication to take your case as far as it needs to go. I’ve forged good working relationships with defense attorneys, insurance adjusters, and colleagues in Washington state. This gives me an advantage because I understand what the other side is looking for and can navigate the situation to your benefit.
Contact me for a free consultation, if you’ve been injured and are seeking an experienced and dedicated personal injury attorney.
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 Compensation
Compensation for personal injury is based on the loss you’ve sustained and the result is either a negotiated settlement or a verdict. The value of your case will not be determined until all treatment is completed, the injury is stabilized, and all damages are known.
The right attorney is the best tool for getting full compensation for your injury. I’ve been representing those that have been injured by the negligence of others since 1997. If you’re looking for an attorney who’ll give you a realistic assessment and legal guidance you understand, contact me for a free consultation.
Chances of Winning a Personal Injury Lawsuit
The chances of winning a personal injury lawsuit vary greatly based on a variety of factors.
- The jurors
- The location of the trial
- The experience of the attorneys
- How the injured party and the alleged negligent party are perceived by the jurors
- The strengths or weaknesses of the liability and damages of the case
- The quality of the witnesses and their testimony
- The aggravating factors of the case ( for example, if admissible the intoxication or texting of the negligent party)
- If the Cause of the injury is disputed
An experienced personal injury lawyer will help you navigate the legal system. I’ve seen all of the factors listed above play out in trials. If you’re looking for someone with trial experience to represent you, contact me for a free consultation.
How To Determine the Value of a Personal Injury Claim
The value of a personal injury case is assessed on a case by case basis. No two cases are alike. Factors that come into play include:
- How the injury occurred, the injury itself, treatment, and period of incapacity
- A permanent injury would include future general damages and special damages if applicable
- General Damages (also known as non-economic damages) include the nature and extent of the injury,
- Disability, disfigurement, loss of enjoyment of life
- Pain, and suffering, both mental and physical
- Inconvenience
- Mental anguish
- Disability or disfigurement
- Emotional distress
- Loss of society and companionship
- Loss of consortium
- Impact on personal and professional activities
- Special Damages, such as medical expenses, lost earnings, property damages, and other damages that have a specific known value.
How To Increase Personal Injury Settlement
The best way to maximize the value of your case is to avoid sabotaging your case. You should:
- Follow all medical advice
- Follow your attorney’s advice
- Only discuss your case with your legal team
- Be truthful
Personal Injury Tips
Below are 8 personal injury tips that you should follow if you’ve been injured by the negligence of another.
- Seek medical attention right away.
- If you are physically able, document the incident.
- If your case involves a vehicle collision, call 911 and get the contact information of the other drivers. If you have your cell phone, take a picture of their driver’s licenses, insurance cards, license plates, and the damages to the vehicles.
- If your case involves a fall, or another manner of injury on public or private property, take a picture of the condition that caused your fall or injury.
- Follow the advice of your medical team. If you are provided a referral, act promptly.
- If you have Personal Injury Protection insurance with your automobile insurer, open a claim with them and cooperate.
- Do NOT provide a statement to the adverse insurer, or any representative of the adverse party, before talking with a lawyer.
- Do NOT post anything about the incident, your injuries, or your recovery on social media.
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:
- A demand letter is sent to the insurer or risk management office of the negligent party.
- Negotiation begins
- Agreement is reached
- A release is signed by the injured party
- 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:
- Document the incident
- If injured seek medical attention and follow any medical advice
- Consult with an attorney
- Attorney provides notice of representation to the adverse insurer and/or party
- Investigation
- Treatment is completed
- Case is evaluated.
- Demand letter is sent out
- Negotiation occurs
- If the case is not settled, it’s filed in Court
- The lawsuit is served on the defendant
- The parties exchange Interrogatories (written questions, answered under oath)
- Depositions of the parties, fact witnesses, and expert witnesses are conducted
- Focus Group Meetings regarding the case
- Mediation or settlement conference occurs
- Trial preparation and Motions
- 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.
Personal Injury Myths
Here are some of the common myths that have come up in some of my initial consultations.
- A specific injury is worth a specific amount. For example, my neck surgery claim should have the same value as my neighbor’s neck surgery claim.
- An injury claim is worth 3x the medical expenses. Some serious injuries like a traumatic brain injury may involve medical expenses of less than $20,000.00, and lead to a lifetime of impairment. Three times the medical expenses would not be a just recovery.
- If you’re partially at fault you can’t file a claim. In Washington state, we have pure comparative fault. Fault is assessed on each party between 0 and 100%.
- A lawsuit will take more effort than it’s worth. Most of the work is done by the lawyer and appointments for depositions or medical examinations can be coordinated with your schedule.
- Insurance will cover everything. Insurance only covers up to the limits purchased.
- Your case value can be established at an initial meeting. At the time of the initial meeting, there will be many unanswered questions. In most cases, value cannot be assessed until liability has been investigated, the treatment course is complete, and the full damages are known.
- Your case value can be established by submitting general details in an online calculator. Your case value can’t be determined until all damages are known.
Personal Injury Wrongful Death
A personal injury wrongful death is a death due to the negligence of another. An injury resulting in a death may be pursued by a personal representative as a wrongful death claim. The statutory beneficiaries can be the decedent’s spouse, domestic partner, child, parent, brother, or sister. The claim is brought for the losses sustained by the beneficiaries.
An injury resulting in death can be pursued as a Wrongful Death Claim and also as a Survival Claim.
With a survival action, the personal representative can pursue economic losses of the estate (such as future earnings), as well as non-economic damages for pain and suffering, anxiety, emotional distress, or humiliation suffered by the deceased.
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
- Free Consultation (typically done in person)
- If hired, an agreement is signed by both parties. No retainer or advanced cost is required
- Notice of representation. I will contact and work with all of the involved Insurance companies.
- Ensure medical treatment is given and the proper insurer is paying for it
- Assist with damaged vehicle if applicable
- Acquire medical records when needed
- Once treatment is done, the value of the case can be assessed based on all information available
- Settlement negotiations occur
- If no settlement is reached a lawsuit is filed
- After a lawsuit is filed, a trial date is set
- 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.
- Many cases settle after the discovery process concludes either informally or through mediation.
- If not settled, then trial prep continues.
- Trial proceeds.
- 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