Are You Running Out of Time to Bring Your Washington Personal Injury Claim?
Posted Friday, March 26, 2021 by Chris Thayer
If you or a loved one has been seriously injured in a Washington state accident that was not your fault, you may be feeling overwhelmed and struggling to cope in the aftermath. Accidents can be life-altering, and it seems unfair that you should have to suffer the (sometimes permanent) consequences of someone else’s negligent or reckless actions. Luckily, you do have options. Bringing a personal injury claim against the liable party can allow you to recover all past and future expenses related to the accident, as well as compensation for pain and suffering.
*Bringing a Personal Injury Claim * In order to bring a successful personal injury claim in Washington, it is not enough to simply show that you were injured. You must also show that another party (whether it be an individual or business) breached their duty of care to you by acting negligently or recklessly, and that their breach of duty caused your injury. A driver breaches their duty of care when they do not act with reasonable care toward other drivers on the road. This involves following the speed limit and all legally required safety precautions and avoiding acting in a way that puts themselves or other drivers at risk. A driver breaches their duty of care to other drivers by speeding, because it increases the risk to all other drivers on the road.
To illustrate this concept, if Driver A was speeding and Driver B veered off the road into a ditch, Driver A’s negligent conduct did not cause Driver B’s harm, so Driver A is not liable. However, if Driver A was distracted and texting while driving and collided with Driver B, Driver A’s negligence would be the direct cause of Driver B’s harm, so Driver A would be liable for Driver B’s harm.
*Damages in a Washington Personal Injury Claim* A successful personal injury claim aims to restore you to the position you would have been in financially had the accident never occurred. This includes reimbursement for all medical treatment, medication, and all expenses related to the accident. If you had to miss work because of the accident, you can also be reimbursed for lost wages. If the injury will keep you from returning to the same job or has decreased your earning potential, you can also recover your lost earning potential.
Pain and suffering differ from economic damages, because they provide compensation for a non-economic injury — the pain and suffering you experienced as a result of an accident. This award is potentially unlimited, as it is intended to penalize the offender, rather than reimburse the victim for a specific dollar amount.
*How Much Time Do I Have to Bring a Personal Injury Claim? * Each state has a statute of limitations, or time limit, on how long a victim has to make a claim. The idea is that by keeping the court date as close to the accident date as possible, it makes it easier to obtain accurate witness statements and evidence. In Washington state, you have three years from the date of the accident to file a claim.
*Talk to a Washington Personal Injury Lawyer * If you or a loved one has been injured as a result of an accident caused by someone else’s negligence or recklessness, the experienced personal injury lawyers at Pivotal Law Group are here to help. Serving Seattle, Bellevue, Kent, Rento, Burien, Mercer Island, Issaquah, and all surrounding areas, our lawyers are eager to zealously advocate on your behalf and ensure that you get the full amount of compensation that you are entitled to. Call to schedule a consultation today.