This form is a sample answer and defenses filed by the defendant in response to a complaint filed by the plaintiff. This form lists multiple affirmative defenses from which to select.
Washington Personal Injury Answer - Accident - Contract Involved
State:
Multi-State
Control #:
US-PI-0230
Format:
Word;
Rich Text
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How to fill out Personal Injury Answer - Accident - Contract Involved?
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FAQ
It's a financial settlement that covers the costs and impact that the resulting injury has had on the person's life, now and into the future. Compensation isn't just awarded to anybody who's been involved in an accident.
An employer may be liable for your injury for reasons including unsafe work systems, lack of personal protective equipment, unfit premises, insufficient training, co-worker negligence or damaged/unsafe work equipment.
Can I contract out of my liability for a personal injury? You cannot rely on a contract with someone in which they agree not to sue you if they are injured due to your negligence. The Unfair Contract Terms Act 1977 (the "1977 Act") renders such agreements invalid.
Negotiations to settle a personal injury case usually occur when an offer of financial settlement is made by the defendant or, under advice from your lawyer, by you. An offer to settle a case can happen at any time. Generally, an offer is made once all the evidence has been disclosed between both parties.
You cannot sue your employer, another employer or a worker (whether or not you have the same employer) for causing your work-related injury or occupational disease. Section 127 of the Workers Compensation Act bans such lawsuits.
When someone is legally responsible for something and an accident happens because of negligence or a lack of care, then usually this person, organisation or business become liable for your accident and when a claim is made, they will be responsible for your compensation.
Personal injury compensation awards will be calculated based on the type and seriousness of your injury, and any other losses you have suffered as a result, such as medical bills or if you cannot work.
You should get legal advice urgently if you want to claim compensation. The most common claim in a personal injury case is negligence and the time limit for this is 3 years. This means that court proceedings must be issued within 3 years of you first being aware that you have suffered an injury.