Washington Personal Injury Attorney

Personal injury claims in Washington State happen when an individual is harmed due to negligence or wrongful acts done by others. It can occur in different scenarios, like motor vehicle accidents or slip and falls. Victims who are hurt in these incidents are often met with physical pain and emotional trauma and depending on the severity of the injury it can lead to a series of financial burdens.

But, if the incident was caused by another person or entity, you can sue them to secure compensation. At West Coast Trial Lawyers, our Washington personal injury attorneys have over 20 years of experience in the legal field, and a high success rate in delivering client satisfaction. With our expertise in handling such cases, we are confident that our team will get you maximum compensation for the losses you incurred due to the accident.

We run on a contingency-fee basis, meaning that you owe us nothing until we settle your lawsuit. To schedule a FREE consultation, you can connect with us by calling 206-222-8860 or filling out our convenient online contact form

The Role of a Washington Personal Injury Lawyer

A Washington personal injury lawyer assists accident victims with lawsuits targeted towards other individuals or entities who were behind the incident. Their role involves:

• Explaining your legal rights
• Gathering evidence
• Negotiating with insurance companies

Handling these challenging tasks will allow victims to have a smoother experience with their lawsuits, and give them enough time to focus on recovering from their injuries. Legal services may also be extended to courtroom representation if the case heads to trial, in which the lawyer will fight tirelessly to ensure the client receives the justice they deserve for their losses.

Types of Personal Injury Cases We Handle

• Car Accident
• Pedestrian Accident
• Premises Liability
• Bicycle Accident
• Dog Bite
• Motorcycle Accident
• Scooter Accident
• Uber and Lyft Accident
• Wrongful Death
• Truck Accident
• Bus Accident
• Brain Injury
• Burn Injury
• Spinal Cord Injury
• Food Delivery Accident

How to Choose the Right Washington Personal Injury Lawyer

Choosing the right Washington personal injury lawyer can make a difference in the outcome of your case. So, be sure to pick someone who you believe will meet or exceed your expectations. Below are some qualities that should be considered when seeking legal assistance:

• Extensive experience in handling personal injury cases
• A proven track record in client satisfaction
• A reputation for professionalism and success
• Good communication skills

By taking these factors into account, you can confidently choose a legal representative who will take care of you, prioritize your interests, and get you the best outcome possible.

Most Common Causes of Injuries in Washington State

In Washington State, bodily harm can be caused by various factors, however, the most common cause tends to be driver negligence. Whether it is speeding, distracting driving, or impaired driving, the outcome can result in serious or fatal injuries. Let’s take a closer look at the leading causes and the regulations that apply. 

Speeding

Speeding can increase the risk of injuries by affecting a driver’s ability to react promptly to road hazards or abrupt movement. The force of impact can also rise exponentially with speed, making it more likely for severe injuries to occur for everyone involved, whether it be pedestrians, motorcyclists, or other drivers.

RCW 46.61.400 is enforced to lessen the likelihood of speeding on the road. Under this law, drivers must go at a speed that is reasonable and prudent under the conditions regardless of the posted limit. This means that a driver must adjust their pace according to their surroundings. Some specific legal requirements that need to be followed include:

• 25 mph on city and town streets
• 5 mph on country roads
• 60 mph on state highways

The maximum speed limits may be altered based on the driving environment. Failing to comply with these rules may result in charges for reckless driving. Punishments will be determined according to the severity of the case.

Distracted Driving

Distracted driving is another major cause of accidents and injuries, as it takes a driver’s focus away from the road, making it less possible for them to respond to potential dangers in a timely manner. Smartphones, along with other electronic devices, are known to be one of the most common types of distractions that have contributed to collisions. To promote safer driving practices, Washington State enacted some of the following laws:

• RCW 46.61.672: A driver is prohibited from using a personal electronic device, like cellphones, tablets or laptops, while driving a motor vehicle on a public highway.
• RCW 46.61.667: A driver is restricted from holding a wireless communications device or a handheld mobile telephone to their ear while driving. This does not apply if a wireless communications device is being used in hands-free mode.
• RCW 46.61.668: A driver cannot send, read, or write a text message while on the road. But, it can be done if you are using a built-in voice-operated global positioning or navigation system.

Impaired Driving

When a driver is impaired, whether it be by alcohol or drugs, the substance consumed will tamper with their thought process. This means that poor decisions will be made, coordination skills will decrease, and reaction times to dangerous conditions will be delayed. These factors can make it difficult for a driver to properly operate a motor vehicle, putting themselves and others at risk of accidents and injuries.

A DUI license suspension will be administered if:

• You are arrested for DUI- Your driver’s license will be suspended anywhere between 90 days to 2 years based on prior offenses and the severity of the incident. This will begin 30 days from the initial date of your arrest.
• You are convicted of DUI in court- In this case, you will have a driver’s license suspension ranging between 90 days to 4 years. This will start 45 days after a notice has been granted by the court that shows you were convicted.

Poor Property Maintenance

Property owners are required to provide a duty of care when allowing guests onto the premises. If they fail to have reasonably safe conditions and an injury occurs as a result, they will be held liable for negligence. But, in some cases, the property owner is not the direct cause of an injury. Visitors who contribute to intentional damage or harm can be the at fault party, as well.

Under RCW 4.22.070, all parties will be evaluated in a premises liability case to determine the percentage of fault for the incident. Total fault must add up to 100 percent, and can involve multiple parties.

Road Hazards

Objects or structures that are left on or near public highways as nuisances can pose a threat to public safety. Property owners and businesses have the responsibility of removing or abating the hazard to ensure it does not harm others (RCW 47.32.130). If this is not done, the state or local authorities will step in to remove the hazard, but the at fault party will be held liable for the costs of removal or any damages they caused.

Government entities can also be held liable for damages arising out of their tortious conduct in the same manner as private entities for damages caused by negligence or wrongful actions (RCW 4.96.010). To pursue legal action against them, you will need to file a claim with them first under a specific time frame. Failing to do this correctly or within the time limit will result in a barred lawsuit.

Common Injuries to Sue for

After an accident, you may endure physical and emotional trauma. Financial burdens may also be presented when getting treatment. But, if the accident was caused by someone else’s negligence, you can take legal action against them to recover compensation. 

Common injuries that may lead to personal injury claims include the following:

• Broken bones
• Head injuries
• Traumatic brain injuries
• Spinal cord injuries
• Internal injuries

To ensure you acquire a reasonable settlement, you will need demonstrate the elements of negligence:

• The defendant owed you a duty of care
• The defendant breached their duty of care
• Your injuries were a direct result of the defendant’s wrongful conduct
• You sustained damages, like medical bills and lost wages, as a result of the defendant’s behavior

Be sure to seek legal representation by a qualified personal injury lawyer to better your chances at securing full compensation.

What to Expect During Your Personal Injury Case

Personal injury cases can be difficult to handle. But, understanding the steps (listed below) can help you know what to expect as you move forward with your lawsuit. 

Consultation

After you schedule your consultation, you will meet with a personal injury attorney to go over your case by presenting the following details:

• The incident
• Your injuries
• Your medical treatment
• Other evidence you collected

During the discussion, you will be informed about potential legal fees, as well. Once your attorney has shared their thoughts on the matter based on the information provided, they will determine whether you have a viable case. If they believe it is, then they will accept it and move forward with an investigation.

Investigation and Gathering Evidence

When a personal injury lawyer gets hired, they will start gathering evidence to strengthen your claim. They will then work to establish negligence and causation, demonstrating how the defendant’s conduct ultimately contributed to your injuries. This could take some time as it involves analyzing multiple documents.

Demand Letter and Negotiation

Your legal team will send a demand letter to the responsible party or their insurance company. This letter will go over your injuries, the medical treatment you received, and the amount of compensation you are seeking. Once the insurance company reviews this letter, they will likely respond with a settlement offer, which can be lower than what you are entitled to. Your attorney will step in to negotiate on your behalf to ensure you are given a reasonable offer.

Filing a Personal Injury Lawsuit

If a settlement cannot be reached, your attorney may file a personal injury lawsuit. Your case could potentially go to court unless you can get it settled beforehand. Both sides will exchange evidence through discovery. Pretrial motions and hearings may be done prior to the actual trial.

Discovery Phase

During the discovery phase, all parties will acquire significant evidence. This can be in the form of:

• Written questions (interrogatories)
• Document requests
• Depositions

This process can take a few months to complete based on how challenging your lawsuit is. Your attorney will prep you for any depositions or other testimony you could be asked to provide.

Mediation or Settlement Conference

Before the trial, each side may attend mediation or a settlement conference. This is made to help both parties resolve the issue, and will involve a mediator to monitor the discussion. Your personal injury lawyer will negotiate on your behalf to ensure you do not accept a low offer. If a mutual agreement has been made, the case will end. But, if it does not, then it will proceed to trial.

Trial

If your case goes to trial, all parties will be required to provide evidence and make arguments before a judge or jury. Witnesses will be called, and documents will be presented. You may also argue your case to prove the defendant was accountable for the injuries and damages you sustained. Trials can go on for a few days to several weeks depending on the challenges presented. The judge or jury will take some time to deliberate, and will then make a decision.

Post-Trial

If you win the personal injury case, you will be awarded damages and your attorney will make sure you receive the payment. The defendant, on the other hand, may appeal the decision, which can delay the lawsuit. In this case, your payment process could be extended for months or years.

Closing the Case

Now, if you do win your case and the defendant chooses not to file an appeal, you will receive compensation for your injuries. Your personal injury lawyer will take a certain percentage of the settlement as their fee. Then, your case will be closed.

Navigating Insurance Claims After an Accident

Navigating insurance claims after an accident can be complicated. But, having a skilled Washington personal injury lawyer on your side will help make the lawsuit more manageable. Our team will:

• Review your policy
• Collect evidence
• Defend your rights

We know the tactics insurance companies use to minimize payouts, like pressuring you to settle for less than what you are entitled to. Our team will advocate on your behalf to ensure you are granted maximum compensation for the damages you incurred in the accident. If the insurance company denies your claim, we will challenge their decision. Due to our law firm’s proven history of client satisfaction, we are confident that we will achieve favorable results.

Steps to Take After an Accident

After an accident, what you decide to do can have a great impact on your recovery and ability to obtain compensation. Whether it is dealing with insurance companies or gathering evidence, what you decide to do in the aftermath of the crash will play a significant role in protecting your rights. Below, we have provided a guide to help navigate you through the full process.

Contact Local Authorities

If you detect any injuries or damages, you should contact local authorities. Once they arrive at the accident scene, they will conduct a police report. Paramedics will also be present to administer immediate medical care to those who need it.

Exchange Information

You will need to exchange contact, insurance, and vehicle information with all parties involved in the collision.

Gather Evidence

Be sure to collect the following evidence:

• Photos of your injuries, damages, and the accident scene
• CCTV footage
• Witness statements
• A copy of the police report and your medical records

Do Not Admit Fault

Avoid admitting fault after the crash. Remember, anything you say will be used against you. Even if you provide a harmless statement, like “I’m sorry”, it can still be interpreted as an admission of accountability.

Seek Medical Attention

Try to seek medical attention soon after the impact. This applies to all injured victims regardless of whether the wound is minor. Your doctor will examine the affected area and provide a diagnosis if notable issues are detected. All doctor visits, medical prescriptions, and surgical procedures will be documented and saved on file.

It is encouraged to request medical care in a timely manner. Failing to do so could give the defendant an argument to use against you such as them saying the injury was caused by another factor or that it was not as serious as you made it out to be

Consult with a Washington Personal Injury Lawyer

At West Coast Trial Lawyers, our Washington personal injury lawyers know the ins and outs of the claims process and how to negotiate with insurance companies. We can uncover hidden damages that could be overlooked on your own, and will maximize your chances at obtaining a reasonable settlement. You can rely on us to step in to handle the legal challenges while you focus on your recovery with a peace of mind.

Understanding Washington State’s Comparative Negligence Rule

Washington State follows a comparative negligence rule, meaning that all parties will be evaluated to determine degree of fault. This system was established to ensure individuals are paid fairly based on their level of negligence. Under this regulation, if you are partially accountable for the collision, your compensation will be adjusted accordingly. For instance, if you are 20 percent at fault, you may only be entitled to recover 80 percent of compensation.

Statute of Limitations for Personal Injury Claims

Personal injury claims must be filed within three years from the date of when the incident occurred. Be sure to gather as much evidence as you can and hire the right personal injury attorney to represent you. If you fail to fulfill these legal obligations promptly, you may cause a delay in the filing process. And if you exceed the time limit, you will no longer be qualified to seek compensation.

Recovering Damages After a Personal Injury

Injured accident victims are entitled to sue to recover damages. The settlement value will differ in each case due to the unique challenges presented. The court will assess the following factors:

• The extent of your injury
• Degree of fault
• Current and future medical expenses
• Lost income and earning capacity

To get an estimate of what you could be awarded, you can use our personal injury settlement calculator by inputting the expenses you sustained after the impact. Typically, economic damages and non-economic damages are granted.

Economic Damages

Economic damages are measurable, financial expenses you incurred after the accident, like:

• Medical costs
• Lost income
• Property damage

Non-Economic Damages

Non-economic damages are intangible losses that are difficult to assess in monetary terms, such as:

• Emotional distress
• Loss of enjoyment of life
• Pain and suffering

Contact West Coast Trial Lawyers Today for a Free Consultation

If you need legal representation for a personal injury or wrongful death case, West Coast Trial Lawyers is here to help. Our Washington team will work diligently to represent your best interests, using our expertise and knowledge to secure a high settlement, while keeping you informed and supported throughout the duration of the lawsuit. 

To schedule a FREE consultation, you can get in touch with our 24/7 legal team by calling 206-222-8860 or completing our convenient online contact form.

Washington Personal Injury Law FAQ

Why Should I Hire a Washington Personal Injury Lawyer?

A Washington personal injury lawyer can effectively navigate the complexities of your case and get you the compensation you deserve for your losses.

Below are some benefits that come with hiring one of our professional legal representatives.

• Familiarity with state laws
• Ability to maximize compensation
• Experience with handling negotiations
• No upfront costs

How Much Does a Personal Injury Lawyer Cost?

Each personal injury law firm runs differently from the other. Some will charge by the hour whereas others, like West Coast Trial Lawyers, work under a contingency-fee basis. This means that our services are free unless we settle your case.

What Damages Are Available in Wrongful Death Cases?

In wrongful death cases, various types of damages can be awarded to the surviving family members or beneficiaries. Once the court has evaluated all parties involved in the lawsuit, they will determine what the settlement value will be. Typically, economic damages and non-economic damages are awarded. 

Some include the following:

• Medical bills
• Funeral and burial expenses
• Lost wages and future earnings
• Loss of companionship
• Loss of consortium