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What is Personal Injury?

By Kadish Twersky on

Personal injury is the legal term used when people are hurt because someone did something they should not, or did not do something that they should have. The law says that people are allowed to bring a lawsuit in order to receive fair compensation for their injuries. This comes out of a tradition going back many, many years. As is written in the bible, when someone does a wrong unto someone else, he must pay “an eye for an eye.” In other words, one who has been harmed by another’s action or inaction has a right to fair compensation.

We represent people who are injured when another person is at fault, and work to get them the fair compensation to which they are entitled. A couple of examples: a driver who is distracted or not paying attention and rear-ends another car, or a driver runs a stop light, and T-bones another car, or a worker at a construction site doesn’t work safely, or a supermarket doesn’t clean up liquids spilled on its floors, knowing that the floor is slippery when wet, or a property owner doesn’t take care to fix a dangerous condition on his land.

When these events happen, the injured person has to pay medical bills, might lose time from work, and may not be able to do the same things he or she enjoys in life. The law says that person should be fairly compensated by the person who did them wrong.

In our experience, it is all too common for the person or organization responsible for another’s injuries to deny, or to minimize their responsibility. For instance, insurance company adjusters and lawyers call car crashes accidents when their client hurts someone else. Why? Well, an “accident” doesn’t sound as bad as “crash”, “collision”, or “wreck”. And, since “accidents happen”, why would the insurance companies have to pay?

In fact, those “accidents” only happen when someone is at fault – they did something they should not have done or behaved incorrectly. The State of Oregon, in its Driver Manual recognizes this:

The common term for crashes, wrecks, and collisions is “accidents.” However, the word “accident” is misleading. If you crash because you were distracted, tired, or not driving defensively, it is a preventable crash, not an accident.

Personal injury means taking personal responsibility for hurting someone else. Do insurance companies whose customers cause crashes or falls believe in personal responsibility? Not always, and not often enough. Many of our clients tell us that they came to us because the insurance company of the person who hurt them denies that its client was responsible, or offers to settle for a pittance. Insurers have been known to offer $500 to settle for what they tell people are minor injuries, knowing that their injury is anything but minor. Some insurance companies have adjusters whose only job is to get a quick settlement with an injured person, before that person can realize the full extent of the injury. Beware of this first insurance adjuster, and the offer of a few hundred dollars for your “minor injury.”

Why don’t insurance companies accept personal responsibility? Probably because the insurance companies care more about the money they are saving than fairly compensating injured people. Just look at the insurance company model – insurance companies are financial institutions, not unlike banks. Only, instead of getting money from depositors, insurance companies get money from the premiums their insureds pay. Insurance companies invest that money, and profit off of those investments. So, the longer the company holds onto money that could go to fair compensation, the more profit it makes.

At Kadish Twersky, we understand insurance companies, and personal injury law. When you are injured, we work to get our client’s medical bills paid. We deal with our client’s insurance companies, and the insurance companies for those people who caused the injuries. As personal injury lawyers in Everett, we get our clients the fair compensation to which they are entitled.

This website includes general information about legal issues to be used for educational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances or to create an attorney-client relationship.

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I was injured in a complicated multi car collision. Their confidence and encouragement kept me going through the whole process. It is good to know there are "good guys" in the legal system who care about the welfare of their clients.

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