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Donchez Law Firm specializes in the following areas. Click on each
category to find out more information.
Construction
Site Injury
Over the years we have represented many injured workers for
construction site injuries. These include electrical burn injuries
or death caused by electrocution, workers injured or killed by machinery,
firefighters and police hurt in their line of work, and generally
anyone who is injured on the job. A worker injured at a construction
site or on the job will usually have the Workers Compensation or
Labor and Industries system available to pay for medical expenses
and lost wages. Under the Workers Compensation (Department of Labor
& Industries) system, a worker injured on the job should receive
time loss benefits, medical coverage for treatment related to the
injuries, and sometimes, vocational rehabilitation services. Time
loss is generally paid as a percentage of the workers actual wage
at the time of injury. While the injured worker cannot sue his or
her own employer for the employer's negligence, the injured worker
may have a claim against another subcontractor, an employee of another
contractor, or the general contractor at the construction site.
Claims against another sub-contractor or general contractor are
independent of the worker's compensation claim and these claims
may be brought at the same time. The statute of limitations generally
expires three years from the date of the initial injury.
Automobile, Truck,
Motorcycle, Bicycle or Pedestrian Accidents
We have represented people severely injured or killed as
a result of traffic accidents. Automobile, truck, motorcycle, bicycle
and pedestrian accidents are all governed by the Washington rules
of the road. The rules of the road are the standard by which fault
is determined. Compensation for injuries depends upon a number of
factors including who was at fault, the severity and extent of the
injuries, and whether the injuries are permanent, to name but a
few. Benefits may be due to you under personal injury protection
coverage or other types of coverage even if you are at fault for
an accident. There may be insurance available to pay for medical
expenses and lost wages even if you believe you were at fault. Please
contact us either by e-mail or telephone and we will usually be
able to give you an immediate preliminary opinion about your rights
and responsibilities. The statute of limitations generally expires
three years from the date of the accident.
Medical Malpractice
(professional)
Medical negligence cases, commonly referred to as medical
malpractice, are cases that are brought against a physician or institution,
such as a hospital, retirement center, or nursing home, for care
that is below the accepted standard that results in an injury to
a patient. In medical malpractice cases, our on staff doctor will
review your medical records, after which, we will be able to give
you a preliminary opinion about your case. Should we go forward
and accept representation, then we will retain the services of expert
witnesses who will testify for you regarding the breach of the standard
of care and your resulting injury. The basis or foundation for a
medical malpractice claim required by law is an expert witness who
will testify that the injuries suffered by the patient were a result
of sub-standard care provided by a physician or institution.
It should be remembered that a poor result or a physician's poor
bedside manner isn't necessarily malpractice. Medical malpractice
cases are difficult, time consuming, and expensive. We here at the
Donchez Law Firm are here to help you through the many layers of
problems that exist in this area of the law.
Legal Malpractice
(professional)
Legal malpractice, or legal negligence, is much like medical malpractice
in that there is an accepted standard of care that must be followed.
A legal malpractice claim is a case within a case. The person who
suffered the injury or damage must prove that the lawyer's conduct
was below the standard within the industry and that the lawyer's
specific substandard conduct caused the person's injury or damage.
The aggrieved party is then further required to prove that had
the lawyer acted properly, a different result would have happened.
Defective Products
Thousands of people are injured, maimed, and even killed by defective
products every year. Defective products may range from prescription
drugs to children's toys to household products to airbags in automobiles.
Some defective product cases involve a product that was the subject
of a nationwide recall. Other defective product cases may involve
a single instance of a product failing. In either event, the injured
person must prove that the product was not safe for its intended
use, that the product was not misused, that the product had not
outlived its useful life and that the defect in the product caused
the person's injuries. Much the same as a medical negligence case,
experts are utilized to prove these points
Food Borne Illness
Every year, thousands of people are made seriously ill
by food borne poisoning. These illnesses sometimes result in death
or serious life long disability. Food borne poisoning can range
from E. coli, Salmonella, Shigella, Listeria, Campylobacter to Hepatitis
A infection. We have successfully represented a number of people
against major corporations for food borne illness
Injured Seamen and
Dock Workers
Injured seamen and dock workers have claims under federal
or state law depending upon which is applicable. Many can sue
for
not only maintenance and cure but for their personal injuries as
well. We help injured seamen and dock workers obtain compensation
for their lost wages and medical expenses while we pursue a claim
for damages.
Animal Attacks
Every year, many people are injured as result of attacks by animals,
typically dogs. A pet owner is typically strictly liable for
the actions of his or her pet. Contrary to popular belief, a
dog doesn’t get a free bite. Usually, the pet owner’s
home owners insurance covers damages for animal attacks.
Elevator/Escalator Injuries
People are commonly hurt on elevators and escalators when those
machines malfunction. An owner of an elevator or escalator is
considered a “common carrier” under Washington law.
They are in the same legal category as a bus, taxi, train or
airplane. A common carrier must provide the highest degree of
safety for passengers on an elevator or escalator. A person hurt
on an elevator or escalator should report the malfunction to
the building owner as soon as possible.
Consumer Protection
When consumers fall victim to unfair or deceptive business practices,
they may seek recourse through the Washington Consumer Protection
Act. The elements of a Consumer Protection Act (CPA) claim are
an unfair or deceptive act or practice that occurs in trade or
commerce, affects the public interest, and causes harm. A consumer
who prevails in a CPA claim may be entitled to an award of attorney
fees and triple damages up to $10,000, in addition to recovering
their financial losses.
| © Donchez Law 2010 - 425.744.1184 |
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