Radtke Law Firm

Malpractice cases filed in court are public record unless filed under seal or made confidential by the court.

Yes, medical malpractice is a personal injury—if the malpractice causes physical or mental injury.

Malpractice is negligence committed in a professional capacity. Medical malpractice is negligence of a medical provider. Legal malpractice is negligence of a lawyer. Malpractice cases require the expert opinion of a similarly situated professional to testify regarding the breach of the standard of care. The breach must also be linked to the damages sustained.

There are no set guidelines on how long a malpractice settlement can take. The more contested the case is, the longer it takes. Every case is different, and there are so many variables and moving parts there’s just no way to predict when a case will end.

It can be very difficult to win a malpractice lawsuit. Though the standard of proof is the same in a malpractice case as it is in a general civil case, jurors tend to trust those that are in positions of trust and in a profession that requires an extended education. This is mostly because they don’t want to believe that someone with that much education could have been negligent. Also, the caliber of defense lawyers retained by professionals in these cases are very good and very experienced.

A malpractice waiver is where the professional claims that you’ve waived the right to pursue a malpractice claim. If this is the case, you should contact an attorney to review the situation.

You can sue for malpractice if you’ve sustained injury and damages by a professional acting below the standard of care.

Malpractice is pursued as a civil claim. If the actions of the professional could be considered a crime, the professional could be pursued by a prosecuting attorney as a crime.

Malpractice is when a professional operates below the standard of care of similarly situated professionals causing injury and/or damages.

It depends. Most cases do settle, it’s more about whether the offer is fair. Talk to your lawyer about the pros and cons of settling. A settlement is a compromise, after weighing the costs of going forward, the uncertainty of what a jury will decide, and the likelihood of achieving a larger settlement or verdict. Ultimately, it’s your decision.

Yes, it is worth hiring a personal injury attorney. Without an attorney, the insurance company has an unfair advantage. Your personal injury attorney will know the benefits you’re entitled to now and what damages you can fight for.

Yes, emotional distress is considered a personal injury.

Being hurt by the negligence of someone else is considered a personal injury.

Yes, you can switch attorneys in a personal injury case. If you do release your attorney, they may be entitled to attorney fees for work done to date.

To maximize your personal injury claim or settlement you should: - NOT discuss your case with anyone outside your legal team - NOT discuss your case or post about your case on social media - Do the best you can to better your situation - Follow all medical advice - Follow all legal advice

In a personal injury case, damages are 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 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 - The law has not furnished us with any fixed standards by which to measure non-economic damages. - Special Damages, such as medical expenses, lost earnings, property damages, and other damages that have a specific known value.

Personal injury settlements are generally as follows: 1 ) When the case resolves, other than by verdict, a release will need to be signed. 2 ) The insurance company sends over a check for the entire amount of the settlement. 3 ) The check is deposited into the lawyer’s trust account. 4 ) The proceeds are distributed to the client, lien holders, any medical providers with outstanding bills, the attorney for fees and costs, and for any other outstanding financial responsibilities of the client related to the case.

In general, the following is a good example of how a personal injury case works. 1) Obtain contact and insurance information from the other party(s) 2) Photographs of relevant evidence 3) Find and hire an attorney 4) Attorney notifies all insurance involved of representation 5) Case investigation 6) The client follows all medical advice 7) Treatment is completed by full recovery or maximum medical improvement 8) Settlement negotiations start 9) If the case is not settled, a lawsuit is filed. 10) Discovery and depositions are done on both sides 11) Mediation if applicable 12) Trial 13) The case is over, or the appeal process begins

You should talk to a personal injury lawyer just like you would anyone else. Be sure to be open and honest, so they can better guide you through the complexities of the legal system. It’s better for them to know all the facts rather than just the facts you think are helpful. For example, when someone fails to disclose a previous similar injury and the other side finds out before your own attorney, your credibility is affected.

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.

You can expect a personal injury lawyer to act as your advocate in navigating the complexities of the legal system and provide you with the information to make all necessary decisions on your case. Your attorney should communicate with you regularly and return all emails and phone calls promptly.

You should hire a personal injury lawyer because they’re able to better navigate the complexities of the legal system and assess the strength of your case with regard to the liability of the other side and all potential damages.

In some cases yes, you can claim personal injury even if you were at fault. Your fault must be proven by the other side. The jury would then assess the percentage of fault of all parties and nonparties that played a role in the incident. See Revised Code of Washington (RCW) 4.22.070. Special rules apply if the defense proves you were intoxicated at the time of the injury, and your intoxication was a proximate cause of the injury. RCW 5.40.060. Washington is a pure comparative fault state. Any percentage of fault of the plaintiff reduces the plaintiff’s recovery of damages. If a plaintiff were 50% at fault and the jury rendered a verdict of $100,000.00, recovery would be limited to $50,000.00. In some states, for example, Idaho, if a plaintiff is 50% at fault or more they would recover nothing.

From my experience, I would estimate that roughly 5% of cases go to trial.

Yes, most personal injury cases do settle out of court. Cases can settle at any time after a demand is submitted, they can settle before a lawsuit is filed with the court, they can even settle while the jury is deliberating.

It’s always too long. A personal injury case can not be settled until all damages are known, which will occur when treatment is finished or plateaued. Depending on circumstances and court availability a case can resolve shortly after treatment has finished or plateaued or after a trial or appeal. This process can be anywhere from 5 months to 6 years. The shortest case I’ve worked on is 5 months and the longest was 4 years. An example of a long period of litigation is the Exxon Valdez Oil spill, which took 26 years to work its way through the courts—all the way to the Supreme Court.