RRInjurylaw in Kennewick WA – Protect Your Rights As an Accident Victim When it comes to personal injury and property damage, the Washington State supreme court has found the defendant, John D. Martinellis, liable for his and another man’s wrongful death. This jury-rigged trial, however, represented the legal landscape of our nation at that time.
The defendants had argued that they had a contractual relationship with the deceased, which entitled them to damages for the death. They claimed that they only acted in reliance on that relationship.
RRInjurylaw in Kennewick WA offers a new twist on this old legal issue. It incorporates a personal injury law for the non-profit organization. Under the new statute, a charitable or non-profit corporation may be held responsible for damages even when no contract exists.
While some have called this an extreme remedy, others applaud the court’s decision as an attempt to level the playing field between corporations and individuals.
This is the first case of its kind in the state. The ruling could have broad ramifications for non-profit organizations across the country. If a similar lawsuit was brought against a for-profit group, the owner could argue that the charity was not acting in its capacity as a for-profit entity. The Court, however, found that this could not be an issue under the facts of this case. It noted that under the circumstances, the charity could be held liable for both property damage and personal injury resulting from its activities.
The case centered around a boating accident on the evening of August 7th, 2021. James M. Martinellis Jr., and Robert T. Smith, Jr., were driving on a quiet, wooded section of the lake on their annual outing. At approximately midnight, they suddenly came upon a boater who had lost his footing and had fallen into the water.
Mr. Martinellis, in an effort to help his friend, retrieved his friend and dragged him back to shore where rescuers found him unresponsive and floating face down in the water. Mr. Martinellis, in the course of aiding Smith to the boat, was also dragged under the water and suffered a number of injuries including hypothermia and a severed foot.
After reviewing the case, the Court found that both parties had a legitimate claim to the injuries sustained. It noted that the boater was clearly injured, as evidenced by the puncture wounds to his leg, but that he had also been injured when he fell into the water. The majority of the injury arose from the boater’s failure to maintain proper balance while attempting to retrieve someone else’s lost object. As a result, the Court awarded Smith, the injured party, a large settlement.
The ruling comes in the midst of significant change for the nonprofit and for-profit organizations in the state. The Court noted that it is currently faced with an “epidemic” of lawsuits related to charitable donations and voluntary charity activities.
On the one hand, charities are often criticized for not having enough money to adequately defend themselves in lawsuits. On the other, there are also concerns about the potential for abuse, fraud, and false accusations. RRInjurylaw in Kennewick WA takes on these issues head-on, vigorously defending the rights of donors and participants.
If you are a victim in an accident caused by another driver, you should contact RRInjurylaw in Kennewick WA today. You will be assigned an attorney who specializes in these types of cases. He or she will conduct an evaluation of your claim and assign you an attorney to work on your behalf.
This will protect your interests as well as the interests of the other driver and any other injured party. When possible, your lawyer will arrange a meeting with the opposing party and speak with them in person. He or she will then discuss the case with your legal counsel.
The fees charged by this type of law firm are usually nominal. Some simply allow a percentage of your settlement to be paid by the injured party. You have the choice of seeking an amount in the range of one hundred dollars to one thousand dollars. In any case, your lawyer will be able to work out something that is fair for both sides. In the end, you will be the winner.