November 2007 :: Washington Injury Attorney Blog

RES IPSA LOQUITUR

RES IPSA LOQUITUR:

Latin for “the thing speaks for itself”. This is a legal doctrine in which one is presumed to be negligent if he or she had exclusive control of whatever caused an injury even though there is no specific evidence of an act of negligence, but without negligence the accident would not have happened.

The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

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RESPONDEAT SUPERIOR

RESPONDEAT SUPERIOR:

A Latin term, “let the master answer”, which provides that a principal or employer is responsible for the actions of his, her or its agent or employee in the scope and course of employment.

The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

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RULES OF EVIDENCE

RULES OF EVIDENCE:

Refers to rules of law, which determine what testimony, documents, and other evidence should be admitted into evidence and submitted to a jury or other trier of fact for consideration, as well as the weight such evidence should be given in determining a question of fact.

The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

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REVISED CODE OF WASHINGTON (RCW)

REVISED CODE OF WASHINGTON (RCW):

This is a compilation of the statutes of the State of Washington, which have been enacted by the state legislature.

The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

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SETTLEMENT

SETTLEMENT:

This is a negotiated result and final resolution of a legal dispute or of a lawsuit without going to a final court judgment. Settlements are typically compromise achieved by negotiations. In the context of a personal injury, the attorneys or an attorney and the insurance company agree to the terms of a settlement where the insurance company agrees to pay the injured party a sum of money to compensate him or her for the injuries he or she suffered.

The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

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SERVICE OF PROCESS

SERVICE OF PROCESS:

This refers to service of a summons and complaint upon a defendant, commencing a lawsuit. The person serving the summons and complaint must be a person other than a party to the lawsuit, who is eighteen (18) years or older, and competent to be a witness.

The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

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SPECIAL DAMAGES

SPECIAL DAMAGES:

These are the costs or expenses resulting from an injury or loss. They include treatment costs, including existing and future medical expenses, past, present, and future income loss, and other costs or expenses resulting from the injury.

The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

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STATUTE

STATUTE:

These are written laws. When speaking of state statues, they are written laws enacted by a state’s legislature. When speaking of federal statutes, they are written laws enacted by Congress.

The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

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STATUTE OF LIMITATIONS

STATUTE OF LIMITATIONS:

These are statutes which set forth the maximum period of time in which one can wait before filing a lawsuit, depending on the type of case or claim. If the lawsuit or claim is not filed before the statutory deadline, the right to sue or make a claim is forever barred. The periods vary by state and by type of claim involved. In the State of Washington, the statute of limitations applicable to most claims for personal injuries and damages caused by negligence, including auto accidents, is three years.

The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

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STRICT LIABILITY

STRICT LIABILITY:

Automatic responsibility, without having to prove the elements of negligence, for damages due to possession or use of equipment, materials or products, which are inherently dangerous, such as explosives, wild animals, poisonous snakes or assault weapons. This is analogous to the doctrine of res ipsa loquitur in which control, ownership and damages are sufficient to hold the owner liable.

The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

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SUBPOENA

SUBPOENA:

This is a court order requiring a witness to appear at a particular time and place to testify in a deposition, trial or other proceeding. Subpoenas must be served personally on the person being subpoenaed.

The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

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SUBPOENA DUCES TECUM

SUBPOENA DUCES TECUM:

This is a court order requiring a witness to bring documents in his or her possession or under his or her control to a certain place at a certain time. This is a common way of obtaining potentially useful evidence, such as documents and business records, in the possession of a third party. The subpoena must be served personally on the person being subpoenaed.

The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

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SUMMARY JUDGMENT

SUMMARY JUDGMENT:

A court order ruling that no factual issues remain to be tried and therefore a cause of action or all causes of action in a complaint should be decided without trial and as a matter of law. A summary judgment is based upon a motion whereby one of the parties contends that all necessary factual issues are settled or can reasonably be decided only one way. The motion is supported by declarations under oath, excerpts from depositions which are under oath, admissions of fact and other discovery, as well as legal arguments.

The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

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SUMMONS

SUMMONS:

A notice to defendants that a lawsuit has been commenced, that they have been named as a defendant, and that they must answer the complaint within a certain period of time, usually twenty (20) days or a default judgment may be taken against them.

The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

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SUPERIOR COURT

SUPERIOR COURT:

The court of general jurisdiction in the State of Washington over claims exceeding $300.00 and cases involving probate, family law, real estate and criminal felonies. Most personal injury cases are filed and tried in superior courts. Also, superior courts hear appeals from the district courts. The superior courts were created under Article IV, Section 1 of the Washington State Constitution.

The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

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SUPREME COURT OF WASHINGTON

SUPREME COURT OF WASHINGTON:

This is the highest appellate court in Washington State. It has discretion to accept or reject any appeal from the Court of Appeals. The Washington State Supreme Court was created under Article IV, Section 1 of the Washington State Constitution.

The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.