Were You Injured Because Of Someone Else's Negligence? Browse Our FAQs
In addition to coping with a lot of stress and frustration, personal injury cases also come with a lot of questions. Here are some of the questions we hear the most at Max Meyers Law.
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Can I claim lost wages as part of my car accident compensation in Washington? When a car crash leaves you too injured to work, the bills don't take long to pile up. As if the physical pain and emotional trauma weren't enough, now you're worried about how you'll support your family while you recover.
As a compassionate Washington car accident lawyer with over two decades of experience, Max Meyers understands the stress and uncertainty you're facing. He's helped thousands of clients just like you go through the complex claims process to secure the full compensation they deserve, including money for lost wages. In this article, we'll explore what wage-related damages you may be entitled to and how our skilled attorney can help you fight for the settlement you deserve.
Lost Wages and Lost Earning Capacity Damages You May Deserve
When a car accident forces you off the job, you are entitled to compensation from the negligent driver who caused your crash. You can typically claim two types of wage-related damages: lost wages and lost earning capacity.
Lost wages represent the money you would have earned from the date of the accident until you reach maximum medical improvement (MMI). Your MMI is the stage in your medical treatment where you’ve recovered from your injuries as much as you can, and your doctor gives you a final prognosis. Your lost wages claim might include:
- Regular pay for the hours or days you missed due to your injuries, medical appointments, or other accident-related commitments
- Overtime, bonuses, or commissions you would have received during your recovery period if not for the accident
- Used sick days or vacation time that you had to use while recovering from your injuries
- Income from self-employment that you lost due to your inability to work after the crash
Some injuries, such as back injuries, spinal injuries, or traumatic brain injuries, can be catastrophic. Lost earning capacity refers to the ongoing impact your injuries will have on your ability to earn a living in the future.
If your injuries result in permanent limitations or disabilities that affect your job prospects, you can obtain compensation for the difference between what you would have earned without the accident and what you can now earn with your limitations. You can also recover these damages if you become permanently disabled and can no longer work. You may be entitled to this compensation if you:
- Can't return to your previous job due to permanent limitations and must take a lower-paying position
- Must take a lower-paying position at a new job to accommodate your injuries and work restrictions
- Need to reduce your hours or responsibilities because of your accident-related limitations
- Are unable to advance in your career as you would have before the crash due to your injuries
- Can’t work at any job because of your injuries
Evidence You Need to Support Your Lost Wage Claim After a Washington Car Accident
You must carefully document your wage losses to get the compensation you’re entitled to in your settlement. Max Meyers recommends you gather key evidence like:
- Pay stubs showing typical earnings before the accident to establish a baseline income
- W-2s, 1099 forms, bank statements, and other financial statements from the previous year demonstrating your annual income
- Medical records from your doctor confirming your injuries, treatment plan, and the expected recovery period
- Statements from your employer about missed work and any accommodations made upon your return to work after the accident
If you're self-employed or have a variable income, proving lost wages can be trickier. You may need to provide tax returns, client contracts, or billing records. Our lawyer can work with financial experts to understand your losses in these more complex situations and if you’re seeking lost earning capacity damages.
How Our Experienced Washington Car Accident Lawyer Can Help
While you may be tempted to accept the insurance company's first settlement offer just to get some money coming in, doing so rarely accounts for the full scope of your damages. Lost wages are easy to undervalue without proper legal guidance.
Max Meyers and his team at Max Meyers Law can provide invaluable assistance in several key areas:
- Thoroughly investigate your case to uncover all potential damages. We'll dig deep into the details of your accident and injuries to identify every type of damage you've suffered. This includes your obvious damages like medical bills and lost wages and harder-to-quantify damages such as pain, suffering, and emotional distress. By conducting a comprehensive investigation, we make sure nothing gets overlooked.
- Gather the documentation needed to support your lost wage claim. Proving lost wages can be challenging, especially if you're self-employed or have a variable income. We'll help you compile all the necessary evidence, from pay stubs and tax returns to medical records and employer statements. If needed, we'll even work with financial experts to develop detailed projections of your losses.
- Negotiate aggressively with the insurance company for a fair settlement. Insurance adjusters are trained to minimize payouts, but we know how to fight back. Armed with strong evidence and a deep understanding of your damages, Max will advocate tirelessly on your behalf in settlement negotiations. He won't hesitate to push back against lowball offers or unfair tactics.
- Represent you in court if a proper agreement can't be reached. While most car accident claims settle out of court, sometimes insurers refuse to offer a fair deal. We're fully prepared to take your case to trial in this situation. With decades of litigation experience, Max Meyers knows how to present a compelling case to a judge and jury. We'll be by your side every step of the way, fighting for the full compensation you deserve.
If you've been injured in a Washington car accident, you deserve full and fair compensation for your losses—including every dollar of lost income. Let Max Meyers put his decades of experience to work for you.
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Should I accept the insurance company's first car insurance settlement offer? Coping with your injuries, expensive medical bills, and no income if you are too hurt to work after a car accident can be overwhelming and stressful. If the negligent driver's insurance company contacts you within days of the collision and offers you a settlement, you may be very tempted to accept it.
However, you would make a huge mistake if you said yes to their first car insurance settlement offer. At Max Meyers Law, our experienced Washington car accident lawyer will protect your rights and fight hard for the damages you deserve for your injuries.
Why You Shouldn’t Accept the First Car Insurance Settlement After a Washington Car Accident
If an insurance adjuster makes you a quick offer, they most likely know you have a strong case proving that their insured caused the accident. They may also realize that you may have suffered severe injuries, significantly increasing your claim's value.
You shouldn’t accept the first car insurance settlement no matter how much you need the money or want to move on from the incident. Here are just a few reasons why accepting the initial offer is a bad idea:
- The compensation is too low. The at-fault driver’s insurance carrier knows you’re feeling vulnerable right after the crash and may need money to pay medical bills and replace wages. It’s likely offering you a lowball offer hoping you’re desperate enough to accept it because its goal is saving money, not fulfilling the obligation to fully compensate you for economic and non-economic damages.
- You don’t know how serious your injuries are. You may have suffered a life-altering condition such as a traumatic brain injury, spinal injury, or soft tissue injury—but really haven’t experienced the full range of symptoms for days or weeks after the crash. In fact, it’s possible you won’t know how severe your injuries are, what medical treatments you need, and whether you’ll make a full recovery for weeks or months after the crash.
- Your settlement would be final. Once you agree to settle and sign the insurance company's release of all claims, the decision is final, even if you haven’t received a check yet. You can’t reopen your claim if you later realize your injuries are more serious than you originally thought or the offer was way too low.
4 Reasons to Call Max Meyers Law Before Accepting a Quick Car Insurance Settlement
After taking immediate care of your health, contact our experienced injury lawyer. Here’s why hiring our legal team is so important:
- You won't be taken advantage of. Besides trying to get you to accept a quick settlement, the insurance company might employ other tactics, such as getting you to give a recorded statement where you may accidentally make harmful statements or to sign a medical release so it can search all your health records. An adjuster might also use your statements or information they dig up to try to deny your claim or argue you were partially at fault for causing the car accident. However, our legal team takes over all communications with the insurance company so you don't agree to something that’s not in your best interests..
- Your case will be stronger. Attorney Max Meyers collects all the evidence you need to build a winning case. This means the value of your claim is more appropriate to your needs, and the insurer has a harder time denying to pay the damages you deserve.
- Your claim's value will be accurate. It’s our job to think of the full scope of your accident damages. To secure a fair settlement for you, our skilled team evaluates past and future medical expenses, lost wages, lost earning capacity damages, and your pain and suffering compensation.
- We have strategies to fight back. Since 1997, Max has been fighting for the rights of car accident victims and uses his experience successfully settling and litigating their claims to secure proper justice for you, too.
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How does the pure comparative negligence rule affect my personal injury claim? If you’re hurt in an accident, you may be entitled to compensation from the negligent party who caused it. But what happens if you were partially at fault for the incident, or the insurance company accuses you of this when it’s not true?
Fortunately, you may still be entitled to substantial damages because our state follows the pure comparative negligence rule. At Max Meyers Law, we handle different types of Washington personal injury accidents, from car, truck, and motorcycle crashes to child injuries and wrongful death incidents. We have numerous strategies to put the law on your side and help you stand up for your rights.
What Must You Prove in a Washington Personal Injury Claim?
If you’re seeking compensation in a personal injury case, you must prove all the elements of a personal injury claim. Understanding what you need to build a winning case is important. Here’s what must be demonstrated:
- Duty. You must first show that the responsible party owed you a duty of care. In personal injury cases, this is often relatively easy to establish. For example, in car crashes, the negligent motorist always has a duty to drive safely and obey Washington’s traffic laws.
- Breach of duty. You must also establish that the liable party neglected their duty to you by acting wrongfully or failing to take actions they knew or should have known were necessary.
- Causation. The next element to prove in a personal injury claim is that the other party’s negligence caused your accident and injuries.
- Damages. Finally, there must be evidence that you incurred financial losses and non-economic losses, such as emotional trauma, as a result of the accident.
What’s Pure Comparative Negligence in Washington?
Comparative negligence rules apply when more than one party is responsible for causing a personal injury accident. Laws vary by state regarding what happens when a victim is partially responsible for their injuries. There are three comparative fault rules followed in the United States:
- Contributory negligence. This is the harshest comparative fault rule and is only followed by a few states. Under this doctrine, a victim wouldn’t be entitled to compensation if they’re even 1% to blame for causing the accident.
- Comparative negligence. In states that follow a comparative negligence law, a victim is entitled to damages as long as they’re not 50% or 51% percent at fault, depending on the state. However, the compensation they would receive is reduced by their percentage of fault.
- Pure comparative negligence. Washington is one of a few states that follows the pure comparative negligence rule. This law allows you to recover damages even if you were 50% or more to blame for the incident. However, your settlement would be reduced by your percentage of blame for causing the accident.
How does pure comparative negligence work in a personal injury claim? Let’s assume you were found to be 30% negligent for causing your car accident, and your total damages are $300,000. The amount you could recover in a settlement would be reduced by $90,000. But you would still be entitled to $210,000—a substantial sum.
7 Steps to Protect Your Personal Injury Case If the Pure Comparative Negligence Rule Applies
The first thing to realize is that you might not be all to blame for the incident. Just because you’re worried you did something wrong or an insurance company accuses you of negligence doesn’t mean it’s true. It’s vital to take the following steps to protect your rights when the pure comparative negligence rule applies to your case.
1. Report the Accident
Reporting the incident immediately helps establish that it occurred and caused your injuries. If you were in a motor vehicle collision, contact the police and order a copy of the police report. In other personal injury situations, notify the property or business owner or other negligent party of your accident in writing and keep a copy of this notice for your records.
2. Get Prompt Medical Care
Prioritize your health right after the accident. A physician should examine you within 72 hours of the incident—even if you don’t think you were hurt. You could have suffered a severe medical problem such as traumatic brain injury, internal bleeding, or a spinal injury and not realize it until days or weeks later.
You’ll protect your health and recover more quickly if you get the medical treatments you need. In addition, these actions help you combat arguments by an insurance adjuster about the severity of your injuries or their cause.
4. Get Contact Information
Obtain the contact information for the negligent party, their insurance company, and any eyewitnesses. Be sure to get their name, address, phone number, and email address.
5. Gather Evidence
Start collecting evidence right after your personal injury accident. Information that helps our legal team prove your case includes:
- Photos and video of the accident scene, vehicle damage if you were involved in a car accident, and your injuries
- Police or accident report
- Your clothes, kept in the same condition as after the incident
- Eyewitness contact information
- Medical bills and records
- Paystubs
- Insurance policies
6. Limit What You Say to an Insurance Company
You should be very careful what you say to an adjuster if you think you were partially to blame for causing the accident or if they’re wrongfully claiming this. The insurer may misconstrue even innocent statements such as “I’m sorry” or “I wish I hadn’t done that” as an admission that you were partially at fault.
7. Consult With an Attorney
If the pure comparative negligence rule applies in your case, contact Max Meyers Law immediately. Be honest about how you believe the personal injury accident occurred and your worries, if any, that you were negligent to some degree. If the insurance company falsely accuses you of being to blame, we need to know this, too. If we know all the facts upfront, we’re better prepared to establish your case.
Our legal team gathers all possible evidence to present your case in the best possible light. Attorney Max Meyers may be able to get evidence you cannot obtain on your own—such as expert witness reports and possibly traffic or business surveillance video footage—that might minimize your position of fault or refute the insurer’s arguments that you were partially to blame.
Max will work hard to try for the maximum amount you deserve in your settlement. He’ll also meet all important deadlines, such as the statute of limitations to sue under RCW 4.16.080. Throughout your case, he’ll keep you informed on his progress and look out for your best interests to help you reach a fair settlement that compensates you as much as possible for your injuries.
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What should I do if my truck accident claim is denied? Suffering injuries in a semi-truck accident is a traumatic experience. Unfortunately, your frustration and stress can be even worse if the insurance company for the negligent truck driver or fleet company denies your injury compensation claim. This happens more often than not.
Fortunately, if you experience this, there are options. Our experienced Washington truck accident lawyer at Max Meyers Law explains why these denials happen, what your rights are, and how we’ll help you fight back to recover the economic and non-economic damages you deserve.
Reasons an Insurance Company Could Deny Your Washington Truck Accident Claim
Insurance companies deny truck collision claims for many reasons. While some decisions are justified, many are not. In fact, insurers might state there’s a valid reason to refuse to settle a case, even if the argument is invalid. Why would they do this? It’s simple: they want to save money and hope you’ll give up and not pursue your claim.
Understanding why insurance adjusters deny these claims can help you know what to do next if you receive a denial letter. Here are the primary reasons your claim could be disputed:
- Policy lapse. If the trucker or the trucking company has lapsed coverage, this might complicate your case. However, you cannot take the insurance adjuster’s word for this and need to verify when the last payment was made.
- Policy exclusion. Some situations and events may not be covered under a policy. However, these terms are often intentionally confusing, and an insurer may state your truck crash is excluded when the coverage states otherwise.
- Lack of evidence. An insurance company could also deny your claim by declaring there’s insufficient evidence of how the trucker’s negligence caused your truck accident, the seriousness of your injuries, or the damages you seek—whether these issues are true or not.
- Disputed liability. Another reason insurance adjusters could give for not paying you is to claim that you caused the accident, even if you did nothing wrong, or that the trucking company is not liable for their driver’s actions. However, in Washington, trucking companies are vicariously liable when their trucker’s negligence causes a wreck.
- Missed deadlines. Your claim could also be denied if:
- You miss the deadline to file a claim against the insurance policy or;
- You fail to file your lawsuit within the three-year deadline to sue under RCW 4.16.080. If you miss this, the judge will likely dismiss your complaint, and the insurer won’t have any reason to offer you a settlement.
Other Unfair Tactics an Insurer Might Use Against Your Truck Accident Claim
Even if the insurance company doesn’t deny your claim, it could try other ways to reduce the amount you deserve or drag out settlement negotiations. Here are the following signs that an insurer isn’t treating you fairly:
- Not returning your calls.
- Not investigating your claim or taking too long to do so.
- Asking for evidence in a piecemeal fashion or for documentation not required to settle your claim, such as all your medical records.
- Raising invalid defenses, such as that you were partially to blame for the truck crash or that your medical treatments are unnecessary.
- Making a lowball settlement offer.
Steps to Take If Your Washington Truck Accident Claim Is Denied
If you receive a denial letter, you must take action right away to protect your rights. At Max Meyers Law, here’s what our legal team recommends:
- Read the letter carefully. There should be a detailed explanation for the decision.
- Remain calm. Remember that the reasons might not be true, and that you have options.
- Review your evidence. Collect any proof you have, such as the police report or your medical bills, that can help you refute the insurance company’s arguments.
- Hire an attorney. One of the most important steps you can take in this situation is to contact our experienced truck accident lawyer immediately.
How Max Meyers Law Can Assist You If Your Washington Truck Accident Claim Is Denied
Don’t try to handle this alone. Attorney Max Meyers has successfully settled and obtained jury verdicts for truck accident victims for decades. Here are ways we can help you.
Determine the Cause of Your Semi-Truck Accident
These collisions are complicated and often involve violations of Federal Motor Carrier Safety Administration regulations created to prevent these tragic incidents. Max will determine the cause of your crash and identify all liable parties.
Preserve Evidence
Our legal team will work with you and the trucking company to gather vital evidence that supports the cause of the crash, the severity of your injuries, and the value of your claim. Having the right documentation is crucial to building a winning case.
Send a Demand Letter
We also send the trucking company a demand letter outlining why the insurance company’s denial of your claim is wrong and the damages it’s responsible for paying you.
Negotiate Your Settlement
Max is a skilled negotiator and has strategies to defeat the insurance adjuster’s arguments to dispute your claim. He fights hard to ensure you have a chance at a rightful settlement to pay expensive medical bills, replace lost income, and compensate you for the pain and suffering you have endured.
File a Lawsuit
If the time period to sue expires soon, or the insurance company won’t offer a fair settlement, we won’t hesitate to file a lawsuit suing all parties liable to compensate you. If a jury trial is the best way to get you the damages you deserve, count on us to get results.
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If I’ve been injured in a car accident that wasn’t my fault, how soon should I hire a lawyer? After you take care of your health, your best strategy is to retain an attorney as soon as possible. If you don’t take this crucial step, you could significantly weaken your claim for compensation from the at-fault driver’s insurance company.
Our experienced Washington car accident lawyer at Max Meyers Law will protect your rights and fight the insurance company’s unfair tactics to try to avoid paying what you deserve in your settlement.
Below, we outline five key reasons why hiring our firm immediately after your crash helps build a winning case.
1. Investigate the Cause of the Collision
When you secure legal representation right away, we’ll have an easier time determining in what ways the other driver’s negligence caused your car accident. If you delay consulting with us, some evidence we need could be lost.
For example, eyewitnesses could disappear, or their memories may fade, skid marks at the crash scene could be gone, and business and traffic camera surveillance footage might be taped over.
2. Collect Evidence to Prove Your Case
When you file a claim with the at-fault motorist’s insurance company, you must prove your right to damages to convince them to offer you a fair settlement. Because we have decades of experience with the elements of negligence claims, we know precisely what type of evidence to preserve and collect, such as:
- Police report
- Photos and videos of the damage to the vehicles, the accident scene, and your injuries
- Nearby business and traffic camera footage
- Eyewitness statements
- Inspection of your vehicle
- Black box data from the negligent driver’s auto
- Expert witness reports, such as from an accident reconstruction expert
- Medical reports
- Medical bills
- Paystubs and other wage loss documentation
- Repair or replacement cost estimates and bills for your property damaged in the crash
3. Help You Avoid Mistakes
Another benefit of hiring Max Meyers Law right away is that we take over all communications with the insurance adjuster so that they don’t take advantage of you. This protects you from unintentional mistakes that could hurt your case, such as:
- Giving a recorded statement. No matter what an adjuster says, you’re under no obligation to agree to a recorded statement. These rarely work in your favor, even if you’re not at fault for the crash and have nothing to hide.
- Signing a full medical records release. You might also be convinced to sign the insurer’s medical release—unfortunately, this allows them to search all your records for other conditions or injuries it could argue caused your injuries, not the collision.
- Agreeing to a quick settlement. It’s only natural to want this whole process over with, but without legal assistance to fully assess your claim’s value, the initial offer will likely be for much less compensation than you’re entitled to under Washington law.
4. Meet Important Washington Car Accident Deadlines
We ensure that you meet all claim deadlines and file your lawsuit before the three-year statute of limitations under RCW 4.16.080 expires. If you miss the time period to sue, the consequences could be disastrous. The insurance company would move to dismiss your complaint, which the judge would almost certainly grant. In addition, the insurer has no incentive to offer you a settlement.
5. Negotiate Your Settlement
The entire team at Max Meyers Law creates a rock-solid case to help you pursue the full value of the claim. Since 1997, we’ve helped injured motorcyclists, bicyclists, drivers, and pedestrians negotiate their injury compensation. We fully understand the tactics insurers may use to deny your claim, drag out settlement negotiations, and try to reduce the amount they must pay you—and we have the strategies to defeat them. We also won’t hesitate to litigate your case and take it to a jury trial if this will help you obtain the justice and damages you deserve.
Download our free book, Not Another Bad Lawyer, to learn more about the benefits of hiring the right car accident injury attorney right away.
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The insurance company claims I was partly to blame for my car accident. What should I do? Our Car Accident Lawyer Will Fight Back If the Negligent Driver's Insurance Claims You Were Partially at Fault in a Washington Car Crash
If another driver caused a collision and you were hurt, you may be entitled to compensation under state law. Unfortunately, the other motorist's insurer might do everything possible to force you to accept a lower settlement—or deny your claim completely. One way it may do this is to argue that you were partially to blame for the crash.
At Max Meyers Law, we have decades of experience successfully settling our clients' Washington car accident claims. This is because we understand the tactics insurance companies may use to attempt to take advantage of injury victims. We’ll help prove the other driver’s wrongdoing and fight for the damages you deserve for medical expenses, lost wages, property damages, and pain and suffering.
So—The Insurance Company Says You’re Partly to Blame. Now What?
While it can be devastating to be accused of causing the collision when you know you did nothing wrong, you can—and should—fight back. The first thing to do is realize that the insurer’s statements that you were negligent are likely not true.
Our legal team recommends that you take these steps to protect your rights:
- Get the police report. The report provides information, such as details about how the wreck happened, the officer's conclusions as to who was at fault, and whether the other driver received a traffic citation. These facts help prove the true cause of your car accident.
- Get contact information. This includes phone numbers and email addresses of the other motorist, their insurance company, and eyewitnesses to the collision.
- Preserve evidence. Get as much evidence as you can right away, such as photos of the scene, damage to the cars, and road and weather conditions. All this and more helps support the other driver’s negligence caused the crash. In addition, save your medical bills, medical records, paystubs, other income documentation, and property damage estimates and receipts that will establish the amount of compensation you should receive in your settlement.
- Get medical care. You protect your health and may avoid other disputes with the insurance company about your injuries if you are examined by a doctor soon after your car accident—even if you don't believe you were hurt. It’s also essential to follow your physician's treatment plan, attend all appointments, and not have any gaps in your medical care.
- Don't admit fault. Be very careful what you say about the auto accident when talking to law enforcement, the other driver, or the insurance company. Avoid making statements that could be misconstrued as an admission you were partially at fault, such as "I'm sorry" or "I wish I were paying more attention so I could have avoided the collision."
- Retain an attorney. Contact Max Meyers Law as soon as possible after the car accident. In fact, call our office immediately if an insurance adjuster says you were partially to blame for the crash.
How Our Washington Car Accident Lawyer Helps Prove You Didn’t Cause the Crash
You must show all the elements of a car accident claim, including that the other driver's negligence caused it, to obtain compensation from the insurance company. Here are ways our team helps prove your case:
- Collect evidence. We’ll gather additional proof to support the actual negligence responsible for the crash. For example, we may obtain additional photos and video recordings of the collision taken by passengers or witnesses, get traffic and business surveillance camera footage of the wreck before it’s taped over or destroyed, and subpoena the other vehicle's black box data.
- Get witness statements. We’ll interview eyewitnesses to the car accident and obtain their written statements before they disappear and while their memories are still fresh.
- Hire experts. If necessary, our legal team will hire an accident reconstruction expert or another expert who helps prove how the other motorist's negligence caused the wreck.
- Negotiate a settlement. We take over all communications with the insurance company and refute the adjuster's claims that you were partially to blame. We’ll also attempt to negotiate a settlement that fully compensates you and helps you get your life back on track.
- Sue the driver. Attorney Max Meyers will file a lawsuit and litigate your claim if the insurer won't be reasonable, or the three-year statute of limitations to sue under RCW 4.16.080 expires soon. While it’s likely that your case will settle sometime during the litigation process, Max isn’t afraid to try your case at a jury trial if this is in your best interests.
What Happens If You Were Partially at Fault in Causing Your Washington Car Accident?
It’s possible that the facts demonstrate that you assume some responsibility for the crash. However, you shouldn’t give up the fight to obtain compensation from the negligent driver's insurance company. You could still get a substantial settlement from them.
Washington follows the pure comparative negligence doctrine. Under this law, you’re still entitled to damages even if you were negligent. However, the amount you could receive is reduced by your percentage of fault.
How does this work? If you were 20% at fault and your claim's value is $400,000, you could still be able to recover $320,000 from the other driver's insurance company. Our legal team can establish that your percentage of fault was low and will fight to secure the maximum recovery you deserve.
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Should I accept the first compensation offer for my truck accident claim? Our Washington Lawyer Outlines the Pitfalls of Accepting a Quick Truck Crash Settlement
If the insurance company for the negligent driver and trucking company immediately offers you a claim settlement, you may be tempted to accept it. After all, you’re most likely going through financial distress, especially if you have expensive medical bills for injuries and aren't receiving a paycheck because you’re off work recovering. However, if you say yes to this initial offer, you’re likely making a big mistake.
At Max Meyers Law, we have decades of experience fighting for truck accident victims' rights and understand this common insurance company tactic of offering a settlement when you’re most vulnerable and haven’t had time to consult with a lawyer. Learn why it’s important to recognize that you have options, and how we’ll fight vigorously for your rights so you have a better chance to receive the damages you’re entitled to for your injuries.
What Are the Dangers of Accepting the First Offer?
Understanding the intent behind an insurer’s initial settlement helps you to not be taken advantage of and lose your rights to a full accident investigation and complete negotiations. Here are the reasons our truck accident attorney recommends that you wait.
1. A Quick Settlement Benefits the Insurance Company
The insurance company is a business with a goal to make a profit. One way it achieves this is to extend a settlement soon after the collision. It’s almost always far less than what you might be entitled to under Washington law.
An insurance adjuster may try to settle your claim quickly—maybe even before you get out of the hospital—because they recognize you have a strong claim. For example, there may be compelling evidence that the trucker's negligent driving or other violations of the Federal Motor Carrier Safety Administration (FMCSA) regulations caused your crash.
In addition, the trucking company may face vicarious liability for its employee’s actions or liability for other negligence, such as not complying with FMCSA rules about hiring qualified truckers, required vehicle maintenance, and more.
The adjuster may offer you a lowball offer before you have a chance to consult with our legal team in hopes you’ll believe they’re treating you fairly. However, if you want to receive the full value of your claim, consult with us before agreeing to any insurer requests or settling your case.
2. You Don’t Know the Full Extent of Your Injuries
Immediately after your truck accident, there’s no way of determining exactly how severe your injuries are and whether you’ll make a full recovery. Don’t settle your case until you reach your maximum medical improvement (MMI). This is the stage of your medical treatment where you have fully recovered, or the doctor can give you a final prognosis of your condition and the medical treatments you could need throughout your life. In addition, you won’t know if you can return to work until you reach this stage of your recovery.
Why is waiting for an MMI determination important to your settlement? You may be entitled to future damages. Our legal team can’t determine the future compensation you should receive until we know your final prognosis.
3. Your Settlement Will Be Final
Once you reach a settlement with the insurance company, that’s it. You won’t be able to reopen your claim to renegotiate it if you discover your injuries are more serious than you thought, or if you suffered additional medical issues related to the truck crash.
How Long Will It Take to Settle Your Claim?
Generally, truck accident injury cases last several months to a year or more. Unfortunately, no lawyer can give you an exact answer on how long before you receive compensation because every case is unique. Many factors—such as disputes raised by the insurer, when you reach MMI, or if your case has to proceed to litigation—all impact how quickly we can reach a fair settlement.
5 Ways to Increase Your Chances of Getting the Compensation You Deserve After a Washington Truck Accident
You must have strong evidence to prove your case and present a compelling argument to convince the insurance company to settle your claim for what it’s worth. Here are five steps we recommend you take to strengthen your claim:
- Get the medical care you need. A physician should examine you within 72 hours even if you don't believe you were hurt. Follow up with all your doctor's recommendations for treating your injuries and attend every appointment. Maintain detailed files regarding all treatments, related expenses, specialist visits, and other vital information about your injuries.
- Report the accident. Then, after the police have assessed the scene, order a copy of their report. It often includes valuable information that helps our team prove elements of wrongdoing and negligence for the truck crash.
- Gather evidence. While you’re not always able to do this, every bit helps. This includes photos and videos of the collision scene, your injuries, vehicle damage, weather and road conditions, skid marks, and so on. Also, save all medical bills and records, vehicle repair estimates, and pay stubs.
- Talk to witnesses. Again, if you can, speak to bystanders and obtain their contact information so our legal team can interview them and ask for a written statement while the crash is fresh in their minds.
- Hire an attorney. At Max Meyers Law, we take action as soon as you agree to work with us. We take over all communications with the insurance company, help gather essential evidence to prove your claim, fully evaluate your economic and non-economic damages, and power through negotiations so the first offer isn’t the only one on the table.
When it comes to negotiating a settlement for your injuries after a truck accident, not just any law firm will do. Our entire team takes pride in pursuing the results you deserve. We’re your partner through the whole process, giving you valuable insight and keeping you informed so you never have to worry about how the case is progressing. So when the insurance company calls you, tell them to call us instead.
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After I settle my car crash claim, when will I receive payment? Our Washington Car Accident Lawyer Explains the Timeline for Getting Your Settlement Check
Trying to finalize your claim with the negligent driver’s insurance company after a car crash can be a long, drawn-out process. Unfortunately, even once the process is complete, you’ll still need to continue to be patient because a number of steps must be completed before you can accept your settlement check.
At Max Meyers Law, our experienced team understands how frustrating and stressful it is for you to cope with mounting medical expenses and bills when you can’t work because of your injuries. We work hard to settle your car accident claim as quickly as possible while ensuring you receive the damages you deserve.
How Does the Settlement Process Work in a Washington Car Accident Case?
It can take many months to well over a year to settle a claim with the at-fault driver’s insurance company. Why does it take so long? Many factors—such as how fast your injury recovery is and insurance adjuster disputes—affect the timeline. However, it’s best not to rush the process, because you could possibly trade a more comprehensive amount for a quick settlement.
Understanding how this process unfolds helps you know what to expect and gives you the strength to persevere until you receive what you’re entitled to under Washington law. Here are the steps we take to resolve your claim.
Investigation
To win your case, all the elements of a car accident claim must be proven. This includes establishing the cause of your auto collision. At Max Meyers Law, we thoroughly investigate all aspects of the other driver’s negligence.
We review the police report, interview eyewitnesses, inspect photos taken at the scene, and obtain any available traffic and business surveillance footage of the wreck. If necessary, we’ll even recommend hiring an accident reconstruction expert who can examine all the evidence and create a reenactment showing how the collision occurred. While this deliberate attention to detail takes time, it’s also your best chance of receiving a proper car crash settlement.
Calculation of Your Damages
Our team also determines the worth of your claim so you know how much money you should receive when the case is finalized.
However, we need to wait until you recover from your injuries or heal as much as you can so your doctor can give you a final prognosis and calculate your owed amount. This can only happen once we know what medical treatments you may need throughout your life and how your injuries will affect your ability to work.
Demand letter
Next, our office sends a demand letter to the negligent party’s insurance provider as notification of your claim. It explains how their policyholder caused the collision, the severity of your injuries, and the scope of compensation expected. It often takes a few weeks for the insurer to formulate a response and begin its own investigation.
Negotiation
Our legal team may need to engage in negotiations with the insurance company for months or longer before we settle your claim. Often during the process, an adjuster will most likely raise some disputes about the cause of your collision or your injuries, how serious your injuries are, and the amount the company is required to pay. We may need to collect additional evidence or hire other expert witnesses to resolve these arguments.
Litigation
One of the benefits of retaining the legal team at Max Meyers Law is that we always look out for your best interests. We’re prepared to sue the negligent driver and litigate your case if the insurer denies your claim or refuses to offer a fair settlement. If necessary, we’ll also file a lawsuit before the three-year statute of limitations under RCW 4.16.080 expires.
When to Expect Your Accident Recovery Payment
Once we settle your claim, it could take four to six weeks before you get the settlement check. Why won’t the insurance company mail your payment immediately? We must first complete the following steps to finish the settlement process:
- Signing a release. By agreeing to the amount of compensation offered, you solidify the proceedings by stating that this is a final resolution of your claim. Only then will the insurance company send your check. However, we might need to negotiate unfavorable terms before you can sign the release, which can take a few weeks.
- Issuing a check. Upon receipt of the release, the insurer approves it and sends your check. Depending on its schedule for this process, this could also take up to three weeks.
- Depositing your payment. The settlement check is initially sent to our office. We then deposit it into your client trust account.
- Paying liens. The next step is to use the settlement money to pay any liens on the settlement proceeds. Debts that may have to be paid include medical bills and reimbursement to your insurance company. While it could take a little longer, we often try to negotiate with these creditors to reduce the amount you have to pay them so you receive more of the settlement proceeds.
- Deducting attorney fees and costs. Then, we deduct attorney fees and expenses incurred to resolve your case.
- Sending your check. Finally! You’ve officially completed all the steps involved in settling your claim.
Although a lot of time passes before you receive your car crash settlement check, you can trust that we’ll keep you informed at every phase, consult with you on appropriate next steps, and never be more than a phone call or email away.
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How soon should I get medical care after my motorcycle crash? Seeing a Doctor Right Away Helps Our Washington Motorcycle Accident Lawyer Build a Better Claim for Compensation
Even if you don’t believe you were hurt, or suffered what seem to be minor injuries, put your health first. Taking this step is vital for many reasons, especially when you need to pursue an injury settlement from the negligent party who caused the crash.
At Max Meyers Law, our experienced motorcycle accident legal team has a strong track record of success fighting for the rights of motorcycle crash victims like you. Here’s our advice for preserving your well-being and protecting your claim.
3 Reasons You Need Medical Care Right After Your Accident
There are many mistakes that can be made after a motorcycle collision, but taking a chance on your health shouldn’t be one of them. You could weaken your case and make it harder for our legal team to get you all the damages you are entitled to under Washington law.
A doctor at an emergency room, urgent care facility, or a physician’s office should examine you within 72 hours after your wreck. Here are three reasons we believe this is crucial.
#1: You May Not Realize You Were Severely Injured
The shock of the motorcycle accident or adrenaline could mask the symptoms of some serious injuries for days or weeks after the crash. If you don’t get treatment for them right away, you may not know how badly you’re hurt until conditions worsen or you suffer a life-threatening emergency. Common hidden injuries you may have suffered include:
- A traumatic brain injury (TBI)
- Whiplash or other neck injuries
- Back injuries
- Spinal injuries
- Internal injuries
- Post-traumatic stress disorder (PTSD), depression, anxiety, and other mental health conditions
Protect your well-being and have a comprehensive exam right after your motorcycle accident.
#2: Your Claim for Compensation Will Be Stronger
By getting quick medical care for your injuries, you strengthen your claim for compensation. Why is this true? You’re proving that your injuries were caused by the motorcycle collision and not another incident. In addition, you’re establishing from the start that your injuries are severe enough to require certain types of medical attention, treatment, and rehabilitation.
#3: You May Avoid Some Disputes With the Negligent Driver’s Insurance Company
Insurance companies often argue about the cause of motorcycle accidents or the seriousness of the victim’s injuries to reduce the amount of the settlement or deny paying a claim. If you delay taking care of your health, you give them ammunition to fight about why they shouldn’t have to pay you, which complicates the settlement process. But clear documentation to back up your claim for medical expenses, lost wages due to recovery, and other crash-related issues, these facts are hard to dispute.
Why Following Up on Your Medical Treatments Is Vital
It’s equally important to your health and your claim to follow your provider’s advice about your treatment plan. You should attend all doctor appointments, get diagnostic tests, and attend scheduled physical therapy sessions. If you do this, you show how life-altering your injuries are and that you’re doing your part to recover from them as quickly as possible.
If you haven’t followed your physician’s advice, missed appointments, or have gaps in your medical care, the at-fault driver’s insurance adjuster could argue that your injuries are less severe than you claim. They would also try to force you to accept a lower settlement.
Why You Should Contact Max Meyers Law Soon After Your Washington Motorcycle Accident
After you get immediate medical care, call us right away. We take over all actions necessary to settle your claim so you can focus on getting better. Here are some ways we’ll assist you:
- Collect evidence. This includes the police report, eyewitness statements, traffic and business video footage of the crash, and your medical records—all essential to prove your case.
- Negotiate your settlement. We understand the tactics adjusters may use to dispute your claim and have strategies to refute them. We assess all aspects of your economic and non-economic losses and fight for your rightful settlement.
- Litigate your case. If necessary, we’ll sue the at-fault motorist if their insurance company refuses to treat you fairly. We aren’t afraid to try your case at a jury trial if this is in your best interests.
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What do I need to do after being injured in a pedestrian hit and run accident? As a Washington Pedestrian Accident Lawyer, Here Are the Steps I Recommend to Start the Process of Fighting for Compensation
The human body is no match against a moving vehicle. Traumatic brain injury, spinal injury, and amputation are just a few of the catastrophic medical consequences. If you were hurt in a pedestrian accident and the negligent driver fled the scene, you have additional worries about how to pay your medical bills and living expenses when you have no information to file a claim.
Fortunately, you don’t have to face the challenges of trying to recover the compensation you deserve on your own if you’re the victim of a hit and run accident. At Max Meyers Law, we make it our mission to help you locate the at-fault motorist and hold them accountable. We also explore every avenue of compensation to help you recover from your injuries and resume your everyday life.
What’s a Driver’s Duty to Stop at a Pedestrian Accident in Washington?
Under RCW §46.152.020, drivers who cause an accident that results in another person suffering an injury or being killed must stop at the crash scene. This law applies to motorists striking a car, bicycle, motorcycle, or pedestrian. They’re also required to take these actions:
- Provide their name, address, insurance company, insurance policy number, and vehicle number to the injured party or law enforcement.
- Present their driver’s license to any victim of the collision or to law enforcement.
- Remain on the scene and assist anyone who is injured, such as calling 911 for an ambulance or taking the victim to the emergency room.
If the driver who caused your pedestrian accident violates this law, they could be charged with a hit and run offense. This escalates to a Class B felony if someone is killed in the incident.
Crucial Steps to Take After a Pedestrian Hit and Run Accident
The driver could have fled the scene for many reasons. They may have been afraid of getting another ticket, having their driver’s license suspended, or increasing their insurance premiums. They could also have known they would be arrested if they were driving when drunk or had a warrant out for their arrest. Whatever the reason, it’s not right—and it’s illegal to cause a hit and run accident in our state.
The steps you take immediately after the accident significantly impact your ability to get the damages you’re entitled to for your injuries. Your actions help our pedestrian accident legal team locate the driver and determine the cause of your accident, which could include violations of RCW §46.61.526—Washington’s Vulnerable User Law. Here are our recommendations:
- Remain at the scene. Don’t try to follow the driver. You should move to a safe place on the side of the road if you can and stay onsite.
- Contact the police. Call law enforcement and emergency medical personnel immediately. Provide the officer with as many details as possible about the accident and the vehicle that struck you, such as its make, model, color, and license plate number if you remember them. This information could help them locate the driver. Then, order a copy of the police report within the next few days.
- Take photos. Capture the scene, including weather and road conditions, skid marks, nearby business or traffic cameras, and anything else that could help our attorney find the driver. Also, photograph your injuries.
- Obtain witness information. Ask for contact details for any eyewitnesses to your pedestrian accident. They can corroborate how the event occurred and may have information that helps our legal team identify the hit and run driver.
- Take care of your health. Even if you don’t believe you were hurt or think you can tough it out, definitely get medical care within 72 hours of the accident. This step is vital to protect your health and avoid disputes with the negligent motorist’s insurance company when we file your claim.
- Notify your auto insurance company. Call your carrier to inform them of your accident. You may be required to do this under your policy and protect your right to compensation with them if you need it.
Finally, contact our legal team at Max Meyers Law immediately after your accident. We work tirelessly to conduct a proper investigation to locate the hit and run motorist, and once found, fight with their insurance company for the settlement you deserve. We can also file a claim under your uninsured or underinsured or personal injury protection insurance coverages if you purchased them and they’re applicable in your situation so you won’t have the added burden of financial stress to cover your medical expenses while the case progresses.
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How long will it take to settle my pedestrian accident claim? Our Washington Pedestrian Accident Lawyer Walks You Through the Process and General Timeline of an Injury Compensation Claim
If you were hurt in a pedestrian accident that wasn't your fault, one of your burning questions might be how long it will take you to settle your claim with the negligent driver's insurance company. This is a question many of our clients ask.
Unfortunately, we can't give you a specific deadline for settling with an insurance company because every pedestrian accident case is unique. However, our skilled legal team at Max Meyers Law is totally committed to using our knowledge and negotiation skills to help you pursue a settlement that fully compensates you for your injury-related expenses as quickly as possible.
5 Factors That Affect How Long It Could Take to Settle Your Pedestrian Accident Claim
Some pedestrian accident claims can be settled in a few months, while others may take a year or longer to resolve. Why does the timeline vary so much? There are numerous reasons, so understanding all the potential variables gives you a sense of what to expect when you file a claim for compensation. Here are some key factors that may impact the length of time it takes to pursue and reach a settlement.
1. Severity of Your Injuries
Many people suffer traumatic brain injuries or spinal cord injuries in pedestrian accidents. The more severe your injuries, the longer it might take to settle your claim. This is because you first need to reach maximum medical improvement (MMI).
Your MMI is the stage in your medical treatment when you’ve either fully recovered from your injuries or healed as much as possible. If you’re still recovering, your doctor can give you a prognosis of what future medical treatments you'll need and if your injuries will affect your ability to work. In a personal injury case, your legal team can’t determine your future damages—which directly affects how much compensation you should get in your settlement—until you reach your MMI.
2. Value of Your Claim
Higher-value claims often take longer to settle. Potential compensation is structured based on whether you need more extensive medical treatments, require certain aspects of rehabilitation to reach your MMI, or you’ll require more time off work because of your injuries.
When your claim is worth more, the at-fault driver's insurance company scrutinizes your claim more thoroughly to avoid issuing a higher payout. It may demand more documentation to drag out negotiations. But we’ve fought for the rights of pedestrian accident victims since 1997, and we know how to defeat an insurance company's delay tactics.
3. Disputes with the Insurance Company
If an insurer disputes the cause of your pedestrian accident or claims you were partially at fault for it, your settlement can be delayed. Our legal team may need to collect additional evidence or hire an accident reconstruction or other expert to resolve the dispute.
Another argument an insurance adjuster could raise to drag out the settlement process is that your injuries aren't as serious as you claim. We may need to submit more accident-related health records, hire a medical expert, and pursue other actions before we can negotiate a fair settlement for you.
4. Litigation
The settlement process can be significantly extended if your case goes to court. We’ll need to file a lawsuit on your behalf if the insurance company refuses to offer you a reasonable settlement or the three-year statute of limitation to sue under RCW 4.16.080 will expire soon.
Litigation involves various stages, including discovery, pre-trial motions, and potentially a trial. Each stage can add weeks or months to the overall timeline. However, it’s our goal to reach a settlement with the insurer at some point before a jury trial.
5. Your Attorney
The legal counsel you choose also impacts how long it takes to settle your Washington pedestrian accident claim. At Max Meyers Law, we know what evidence you need to prove your case and will gather it promptly before it's lost or destroyed. Our team also works hard on your case to resolve any roadblocks the insurance company raises so we can expedite reaching the settlement you deserve.
4 Mistakes to Avoid That Could Make Your Settlement Take Longer
No one knows exactly how they’ll react in the moments after a pedestrian accident, so it’s easy to make unintentional mistakes. Here are the pitfalls we recommend you avoid:
- Not getting prompt medical care. Delaying treatment endangers your health and your claim. The insurance company may argue that your injuries aren’t serious or were caused by something other than the accident. Taking care of your well-being right after your accident and following your doctor's advice helps you heal faster and speed up the settlement process.
- Giving a recorded statement. You should be wary when speaking to the insurance adjuster. Don't agree to provide them with a recorded statement. Even if you're careful, you could say something they use against you, making settling your claim take longer.
- Signing a medical release. Signing a medical release for the insurance company could also delay your claim. It might search your medical records for preexisting conditions or other information to deny liability and refuse to pay you.
- Posting on social media. Posting about your accident or injuries on social media also harms your case. The insurance company may review your posts for inconsistencies or evidence contradicting your claim.Not hiring a lawyer. One of the biggest mistakes you can make is not retaining a pedestrian accident lawyer. You could make other errors that give the insurance company more arguments they can use to dispute your claim or settle your claim quickly but for far less than you're entitled to if you’re unrepresented.
At Max Meyers Law, you can trust that we’ll help you avoid mistakes, build a strong case, and fight for the damages you need to rebuild your life.
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How much is my truck crash injury claim worth? Our Washington Truck Accident Lawyer Provides Information on Determining Claim Value
Being injured in a semi-truck accident can change your life in an instant, causing severe disruptions to your health, work, and personal life. You may also be grappling with many questions about your legal rights and the value of your truck accident claim against the negligent driver or other potentially liable parties.
Fortunately, you don't have to attempt to settle your claim alone. At Max Meyers Law, we use our decades of experience with truck accident cases to offer compassionate legal assistance. We’ll answer all your questions, evaluate the damages related to your injuries, and handle fighting with the insurance company for the compensation you deserve so you can get your health—and your life—back on track.
Compensation You May Be Entitled to in a Washington Truck Accident
One critical aspect of estimating the value of your truck accident claim is calculating the economic and non-economic damages you’re entitled to according to state law. Here are some types of compensation we’ll pursue for you:
- Medical expenses. You may need extensive medical treatment to recover from your truck crash injuries. You should be reimbursed for all surgeries, hospitalizations, physician visits, medications, physical therapy, and any future medical expenses related to your injuries.
- Lost wages. If your injuries forced you to miss work, you can claim compensation for lost income. This includes wages, salaries, commissions, bonuses, sick and vacation time, and any other earnings you have missed out on due to the semi-truck accident.
- Lost earning capacity. You may be entitled to damages for lost earning capacity if your medical condition caused you to switch jobs or made it impossible for you to work in the future. Monetary claim damages help replace the wages you would have earned over your lifetime.
- Property damages. Compensation for property damage covers the cost of repairing or replacing your vehicle and any other personal property damaged in the truck crash. This ensures you aren't left shouldering the financial burden of property repairs.
- Pain and suffering. These non-economic damages address the physical pain and emotional distress you must endure because of the collision. They provide you with compensation for the impact of your injuries on your quality of life and overall well-being. Our truck accident lawyer has the experience of settling and litigating many truck crash claims to value this portion of your claim.
- Loss of consortium. If your spouse's injuries adversely affected your relationship with them, you can claim loss of consortium. This compensation acknowledges the loss of their companionship, support, and intimacy because of the accident.
Factors That Affect How Much Your Washington Truck Accident Claim Is Worth
Several other factors influence the value of your truck accident claim, so we also assess the following issues.
Severity of Your Injuries
A fully loaded semi-truck can weigh up to 40 tons. So it’s no wonder that the immense force of impact results in a variety of serious injuries. Traumatic brain injury, fractures, burns, or spinal cord injuries are just a few severe medical conditions people suffer in these collisions. If your injuries require long-term care and rehabilitation, related health care expenses, lost wages, and pain and suffering will be astronomical. This can increase the value of your claim and may lead to a higher settlement to cover these extensive damages.
Strength of Your Evidence
To have a strong case, you must have solid evidence proving that the negligence of the truck driver, their trucking company, or other liable parties caused the crash. You must also establish how severe your injuries are and the compensation you should receive. We strive to investigate all aspects of the incident and preserve critical evidence, as the value of your claim—and its success—depends on this proof.
However, when determining responsibility, truck accidents are different than car crashes. Additional entities at fault, such as the cargo handlers, or the maintenance company responsible for maintaining the truck. The cause of your collision might involve violations of the Federal Motor Safety Carrier Administration regulations commercial vehicle operators and fleet companies must follow.
Our savvy truck accident team starts proving your claim by sending a spoliation letter notifying all potential defendants not to destroy or alter evidence in their control. We’ll also obtain the proof you need to build a winning case that increases the value of your claim, such as:
- Trucker's personnel file
- Vehicle's black box data
- Truck's dashcam footage
- Trucker's logbook
- Trip receipts
- Texts and cellphone records
- Alcohol and drug testing results
- Witness statements
- Medical records
- Wage loss documents
Disputes With the Insurance Company
The at-fault parties' insurance companies may dispute your claim to minimize their payout. Depending on the arguments they raise, this can affect the value of your claim.
However, only legitimate disputes will possibly reduce your claim’s value. At Max Meyers Law, we provide numerous strategies to defeat the insurance company's invalid arguments and will fight to negotiate a fair settlement for you.
Your Partial Fault
If you’re found partially at fault for the collision, this lessens your potential compensation amount. Washington follows comparative negligence laws, so based on your percentage of fault, any settlement you might receive will be reduced by that percentage.
It’s important to keep in mind that the insurance company could falsely claim you were partially to blame for the crash to try to pay you a smaller settlement. We won’t hesitate to use all available evidence to refute these accusations.
Insurance Policy Limits
An insurer is only responsible for compensating you up to the negligent party’s policy limits. This is one reason why we work diligently to identify all entities that are potentially liable and assess the value of your claim within those insurance limits. Ultimately, we want you to achieve a fair settlement that helps you move forward—even if we have to convince a jury to get it.
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What are my options if the person who caused my motorcycle accident lies about it? When the At-Fault Driver Lies About Your Motorcycle Crash, Our WA Accident Lawyer Suggests These Tips to Protect Your Rights
You suffered injuries and property damage in a motorcycle collision caused by a negligent driver, which is bad enough. But when they lie about the reasons for it—or try to shift all the blame on you—the situation escalates from bad to worse pretty quickly. You must take the proper steps to protect your right to compensation.
Since 1997, Max Meyers Law has helped motorcycle accident victims like you with effective strategies to fight back if the driver lies about your crash and their insurance company tries to deny your claim or pay you far less compensation than you deserve. Here’s what you should know.
Why the Driver Might Have Lied About Your Washington Motorcycle Accident
While you might not want to understand the person’s motivations, it will help you cope more easily with the situation and stay clear-headed about how to construct your claim. Here are some common reasons for motorcycle accidents and why motorists often don’t tell the truth about their involvement.
- Increase in insurance premiums. Admitting fault in a motorcycle accident can significantly raise premiums. They could also worry that their policy will be canceled if they have other traffic tickets or collisions on their driving record. By lying, they may hope to avoid these financial repercussions.
- Legal consequences. Depending on the circumstances of the motorcycle collision, the motorist might try to avoid getting a traffic ticket, points on their driving record, or even more severe penalties. If they were driving while intoxicated, they could be afraid of being arrested for drunk driving.
- No insurance. If the negligent driver doesn’t have insurance required under Washington law, they may lie about the accident to avoid the legal and financial consequences of driving without coverage.
- Loss of driving privileges. A serious or repeat traffic violation can result in the motorist's driver's license being suspended or revoked. So they might not tell the truth to protect their ability to drive.
5 Essential Steps to Take if This Happens to You
Not only might a reckless driver not tell the truth about the crash, but they could also make statements to their insurance company or to the police that you caused the crash. If you’re in this situation, stay calm and take the right steps to prove your case.
1. Don't Argue
Engaging in an argument at the accident scene can escalate the situation, and your statements might be used against you later. Instead, focus on gathering information and staying composed.
2. Be Truthful
Always be honest about how the motorcycle accident happened. Your consistent and accurate account supports your credibility and helps prove your case.
3. Contact the Police
Report the accident to law enforcement immediately. A police report is an official record of the collision and contains important details about it. In addition, the officer's conclusions about the cause of the wreck are crucial in disputing false claims made by the other driver.
4. Collect Evidence
If you’re able to, gather as much evidence as possible from the motorcycle accident scene. This includes taking photos, collecting witness statements, and documenting any damage to the other vehicle, your motorcycle, and your injuries. Evidence is critical to prove what actually happened.
5. Retain an Attorney
If the driver is lying about the collision, you need to hire a motorcycle accident lawyer immediately. The entire team at Max Meyers Law will help you gather additional evidence to build a solid case and defend your rights to an insurance adjuster.
How a Motorcycle Accident Lawyer Assists You When the At-Fault Driver Makes False Claims
If the other driver lies about what happened, you’ll face an uphill battle trying to settle your motorcycle accident claim. An adjuster will use their insured’s statements against you and try to find other evidence to support them. This information is leveraged to deny your claim or drag out settlement negotiations, hoping they can wear you down.
Here are the many ways the motorcycle accident team at Max Meyers Law builds a case that supports your rights to justice and compensation:
- Investigation. This may include reviewing the police report, viewing the crash scene, gathering additional witness statements, and obtaining any available video footage from traffic cameras or nearby businesses.
- Expert testimony. If necessary, we may recommend hiring an expert witness, such as an accident reconstruction expert, to provide a professional analysis of how the motorcycle accident occurred. They review all the evidence, examine the damage to the vehicles, and view the crash scene to create a reenactment of your motorcycle accident. Their report and testimony can be instrumental in disproving the driver's and their insurance company's false claims.
- Negotiation. We take over all communications and negotiations with the insurance adjuster so you’re not taken advantage of and will provide them with the evidence that proves the cause of the collision accurately. We also attempt to negotiate a settlement that fully compensates you for your injuries
- Litigation. If a fair settlement cannot be reached, we won’t hesitate to prepare your case for court and litigate your claim. I’ll argue your case at a jury trial to fight for the compensation you deserve if the insurance company and their driver continue to deny responsibility to compensate you.
It’s incredibly frustrating to be in a position where you’re fighting to reveal the truth, get a fair settlement, and move on with your life. Trust us to be on your side to strongly advocate for what’s right.
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What can I do to protect my rights while hospitalized after a pedestrian accident? How a Washington Pedestrian Accident Lawyer Handles Your Case While You’re Focused on Recovery
All too often, people suffer life-altering medical conditions after being struck by a vehicle—such as a traumatic brain injury, spinal cord injury, or internal organ damage—that require immediate hospitalization. If this happens to you, it’s a considerable challenge to think about your right to pursue compensation from the negligent driver while undergoing surgery and other medical treatments and coping with pain.
Can you take action on filing a pedestrian accident claim from your hospital bed? How can you be certain all the necessary evidence will be collected, or know what economic and non-economic damages you have? At Max Meyers Law, we understand how overwhelming the legal process feels even during the best of circumstances. Our team is ready to jump into action to protect your rights and handle the details of your claim during your recovery.
Steps to Protect Your Rights While in the Hospital After a Pedestrian Accident
In Washington, you have a legal right to file a civil claim against the person or party who caused your injuries. However, it’s imperative to take action against the negligent driver right away, as Washington's statute of limitations for personal injury cases is three years. This timeline starts with the date of your accident.
So if you’re unable to take immediate steps such as filing a police report, collecting contact information about the motorist and any eyewitnesses, and contacting an attorney, someone else can do so on your behalf.
While you're recovering from your injuries, there are other proactive measures to safeguard your rights. Here are the steps we recommend.
Put Your Health First
This is your top priority. Follow your doctor's treatment plan while in the hospital and once you go home. Also, keep all documentation about your diagnosis and prognosis, advised follow-up care, physical therapy, medications, and other aspects related to your recovery. This information is vital for your claim and helps you avoid disputes with the insurance company about the seriousness of your injuries.
Notify Your Insurance Company
Call your health and automobile coverage carriers to notify them about the accident as soon as possible. Contacting them isn’t the same as filing a claim, but this step protects your right to file one if the driver fled the scene or the incident was caused by an uninsured or underinsured motorist and your policy has specific coverage for such an emergency. However, refrain from providing extensive details or admitting fault.
Don't Talk to the Insurance Company
An insurance adjuster for the at-fault party may try to contact you while you’re in the hospital because they know you're vulnerable and may be unaware of your rights. Talking to adjusters so soon after your accident or agreeing to any of their requests puts you at a strong disadvantage. Get their contact information and your claim number, and state that your attorney will contact them.
Don't Post on Social Media
Avoid sharing any details about the pedestrian accident or your injuries on social media platforms. An adjuster could search these sites multiple times while your claim is being settled. Even seemingly innocuous posts can be misconstrued and used against you by insurance companies.
Finally, the Most Important Step: Hire a Skilled Washington Pedestrian Accident Lawyer
According to a report from the Washington Traffic Safety Commission, “78.8 percent of residents ride a bicycle on public roads and 37.5 percent walk or jog on public roads (including shoulders and sidewalks).” We also pride ourselves on having one of the largest metro areas in the country, Seattle, ranked in the top 10 of the most walkable cities in the U.S. So maintaining safety and holding negligent drivers responsible is a community effort
At Max Meyers Law, we’ll do everything possible to protect your rights and build a strong pedestrian accident case while you’re in the hospital. Here’s how we’ll work for you:
- Collect valuable evidence. We take charge of thoroughly investigating the cause of the pedestrian accident, which could include violations of Washington's pedestrian laws. We’ll also secure the police report, collect witness statements, obtain surveillance footage, and gather medical records and wage loss documents to support your claim.
- Handle all communications with the insurer. This helps move your case along and prevents an insurance adjuster from trying different tactics to reduce or deny your claim.
- Determine your damages. Evaluating your economic and non-economic losses requires a comprehensive understanding of pedestrian accident laws. We also assess your past and future medical expenses, lost wages, pain and suffering, and other applicable damages to structure fair compensation.
- Negotiate your settlement. We advocate fiercely on your behalf, negotiating with the insurance company for a proper settlement, like the one we were able to achieve for this mother and son injured in a crosswalk.
And if necessary, we won’t hesitate to take your case to court to secure the justice you deserve.
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Can I suffer whiplash after a bicycle accident? A Washington Bicycle Accident Attorney Can Fight for You When You Have a Whiplash Injury
No cycling enthusiast wants to face what you are now—recovering from a collision with a negligent motorist. But it’s possible you may be entitled to financial compensation when someone else is to blame for the crash. Start by choosing a Washington bicycle accident lawyer who understands how to value your economic and non-economic damages properly so you’ll gain proper physical, emotional, and financial closure.
Max Meyers Law can work to both prove another party’s responsibility and maximize the potential of your settlement. We have a track record of delivering results for our satisfied clients while staying true to our core values.
How You Can Suffer Whiplash from a Bicycle Accident
Whiplash is the term for a broad family of injuries that occur when your head suddenly snaps forward while the rest of your body remains still. Most commonly, whiplash happens in a motor vehicle accident. However, any type of sudden impact can cause a forceful jerk of your neck, whether you have been struck by a car, hit a pole, or landed hard on the ground—and it all happens within a few seconds. Even a vehicle traveling as slow as 10 mph can cause cyclists to suffer whiplash and other injuries.
Since there’s no framework to protect you from the impact, your whiplash might be more severe, especially if your neck muscles strain, spasm, or stiffen as a protective response. These muscles might not revert to their prior alignment after the accident.
How Whiplash Affects You After a Washington Bicycle Accident
Although it might seem minor at first, whiplash can actually develop into a debilitating injury that impacts your quality of life, causing chronic pain and even affecting your ability to work. Symptoms of a whiplash injury include:
- Shoulder pain
- Back pain
- Limited range of movement in your extremities
- Headaches
- Dizziness
- Numbness in your arms and legs
- Inability to fully move your neck
Given the severity of bicycle accidents, chances are that whiplash won’t be the only injury you deal with in the long term. The potential residual effects of whiplash include:
- Neck strains
- Vertebrae injuries
- Herniated and bulging discs
- Neurological difficulties
- Traumatic brain injuries
More than 25 percent of people with whiplash suffer symptoms for a year or longer.
What We Do at Max Meyers Law to Determine Damages From Your Whiplash Injury
Bicycle accident compensation is tailored to your own unique situation. You’re paid for the injuries you’ve experienced and not based on an average figure that reflects other people’s circumstances. However, the insurance company will go out of its way to understate and minimize your injuries. It tries to take advantage of the fact that whiplash is one of the more common personal injuries to obscure the true reality of your situation.
When evaluating whiplash damages, our team assesses both your actual financial losses and the experience your injuries have forced you to endure. You can be compensated for the following:
- Economic damages. These damages reimburse for the actual financial losses involved with your injury, whether it was money that came out of your pocket to cover medical expenses or wages that you couldn’t earn while recuperating.
- Non-economic damages. You can be paid for the effects the injury had on your life and will have in the future, whether it’s chronic physical pain or the loss of the lifestyle you had before the injury.
It’s up to you to fight for full compensation for your whiplash injuries. But you don’t have to do it alone. We’ll go to bat for you when the insurance company tries to tangle you in red tape.
Why You Need a Whiplash Injury Lawyer
You don’t have an automatic legal right to financial compensation after your bicycle accident. You only get the legal right to be paid for your injuries after it’s proven that someone else was to blame for the accident. To get to that point, you need evidence of what happened and successfully deflect any efforts to blame you for the accident. Our skilled Washington bicycle accident legal team can immediately get to work to investigate your accident, even while you’re dealing with physical injuries.
Proving liability is only part of the battle you face after a bicycle accident. You also need to secure enough money to fully cover your damages. We can help you in several ways, including but not limited to:
- Reviewing your case to determine the amount of your damages.
- Preparing the claim or lawsuit to file on your behalf.
- Evaluating any settlement offers and advising you whether to accept or reject them.
- Negotiating with insurance adjusters to achieve full and fair compensation for your injuries.
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How will I pay for injury surgery after a pedestrian accident? Washington State Pedestrian Accident Attorney Explains Potential Options for Injury Payment
For pedestrians, even a minor collision with a vehicle may cause serious and significant injury, and require surgery to save your life, repair trauma, and restore function to your body. Without surgery, you could be left with chronic pain, limited movement, a lowered quality of life, deformities, or the inability to return to work.
You need a Washington State pedestrian accident attorney who can be instrumental in helping you pursue compensation from the at-fault motorist to cover your medical costs. Max Meyers Law is where accident victims get help.
Common Pedestrian Accident Surgeries
Pedestrian accident surgeries can have astronomical financial costs—in many cases, more than a person’s annual salary and certainly more than they can pay back in a reasonable amount of time. In fact, Americans currently owe a staggering $220 billion in medical debt, and a significant amount of that is tied to surgeries.
But you need thorough medical treatment after suffering such a horrendous accident. A car coming into contact with a human can result in catastrophic blunt-force trauma, including injuries to soft tissue, organs, and bones. Because pedestrians rarely have any sort of head protection, traumatic brain injuries are also common.The most prevalent types of surgery following pedestrian accidents include:
- Back and neck
- Brain
- Soft tissue
- Surgery for setting broken or fractured bones
- Surgery for internal injuries and internal bleeding
- Plastic surgery
It’s important to note that surgical costs basically never happen independently of other medical expenses related to your injuries. Pedestrian accident survivors will also face:
- Emergency room bills
- Ambulance bills
- Doctor’s visits before and after surgery
- Prescription medication costs
- Medical supply expenses
- Rehabilitation and therapy costs
- Lost wages
Paying for Surgery Following Pedestrian Accidents
There are many options to help you cover medical expenses depending on the circumstances of the accident, your income, and your available insurance coverage. Most patients pay for surgery in one or more of the following ways.
Personal Injury Protection (PIP)
PIP is a type of insurance coverage that typically covers medical expenses, including surgeries, regardless of who’s at fault in the accident. If you have PIP coverage, you can file a claim with your own insurance provider to cover bills, including surgery costs. PIP coverage is required in some states, but not in Washington, where you have the option to decline the coverage in writing. Be aware that the standard minimum amount of coverage is $2,500—and in many cases, your surgery will be more than that amount.
Health Insurance
If you have a health insurance plan, it may be your primary source of coverage for surgical expenses. Health insurance plans vary wildly, though, so it’s vital to review your policy to understand the extent of coverage. Co-payments, deductibles, and co-insurance may still apply, but health insurance can significantly reduce out-of-pocket costs. Again, even with health insurance, you may be facing thousands of dollars of medical costs, especially if you have a high-deductible plan.
Medical Payments Coverage (MedPay)
Similar to PIP, MedPay is an optional coverage that can be part of an auto insurance policy. It covers medical expenses, including surgery, for the insured and passengers, regardless of fault. Again, the amount of MedPay coverage you have may vary.
Medical Liens
In some cases, individuals may not have immediate access to insurance coverage or funds to pay for surgery. Medical liens are agreements between the injured party and medical providers, where the provider agrees to postpone billing until a legal settlement is reached. This option allows the injured party to receive necessary medical treatment without upfront costs, with the understanding that the medical provider will be reimbursed from any settlement or court award.
Medicaid or Medicare
If you qualify, government-sponsored health programs like Medicaid or Medicare may cover medical expenses, including surgery.
Liability Insurance
If you’re not at fault in the accident, the at-fault driver's liability insurance may cover your accident-related medical expenses, including surgery. The process involves filing a claim with the at-fault driver's insurance company.
However, these claims are often complicated because they require you to provide evidence to prove the motorist’s negligence, determine a valuation for your claim to cover surgery costs and other economic and non-economic damages, and negotiate with insurers that may reduce or even deny compensation. Hit and run pedestrian accidents are even more complex, especially if the police investigation is ongoing as you’re trying to physically, emotionally, and financially recover.
At Max Meyers Law, we understand how devastating it is to experience such a tragedy, and we work hard for our clients’ best outcomes in these cases. -
Could I still have a case if the weather was bad during my car accident? We Explain Washington State Car Accident Claims in Bad Weather
If you’re involved in a collision with another vehicle during adverse weather conditions, it can be easy to blame the weather instead of the other driver, especially if the roads were hazardous at the time of the crash. But as any car accident attorney will tell you, reasons for the collision are often more complicated than they seem, and the cause might not reveal itself until the evidence is examined.
Here’s the bottom line: regardless of weather or road conditions, all motorists have a responsibility under the law to drive safely. At Max Meyers Law, our team thoroughly investigates each case to help determine fault in a car accident during bad weather. If a motorist drives recklessly for the conditions, they may be liable for damages. Let’s take a closer look.
Hazardous Weather Conditions That Can Cause Crashes
Several weather events affect roadways' safety, and certain situations create different types of hazardous conditions.
Snow and Ice
As almost every Washington State driver knows, snow and ice can create deadly road conditions. Braking and stopping safely takes longer when surfaces are slick, and sliding and spin-outs are common. Blowing snow also greatly limits visibility.
Rain and Flooding
Rain, like snow and ice, lengthens stopping times and limits visibility. Additionally, standing water, puddles, and flooding lead to hydroplaning, an extremely dangerous out-of-control slide on water that can cause serious accidents.
Fog
Fog reduces visibility down to almost zero, making it impossible to see more than a few feet ahead of you on the road—and using your regular headlights doesn’t help. Motorists struggling with foggy conditions are one of the top causes of chain reaction crashes involving dozens of vehicles.
Wind
Many drivers don’t consider wind a dangerous weather condition, but it’s an invisible hazard, whether you’re on the North Cascades Highway, Highway 101, or any of the state’s other scenic roadways. Strong winds can cause vehicles to lose control or—for taller vehicles, like commercial tractor-trailers—tip over.
Who’s at Fault for Car Accidents During Bad Weather?
It’s often simplistic to say that bad weather caused a car collision. Why? Because drivers have a duty to adjust their speed, driving distance, and overall care in poor conditions. In other words, if you were struck by another motorist in adverse weather conditions, you have to ask: even if they were driving the speed limit, were they reckless for the conditions? This might mean they were traveling too fast on ice, not using their lights in the rain, or following too closely in the fog.
It’s also important to realize that even in bad weather, motorists can cause an accident due to other common types of negligence, including:
- Distracted driving
- Fatigued driving or falling asleep at the wheel
- Driving under the influence of drugs or alcohol
- Not obeying traffic laws
Other Parties Could Be at Fault, Too
It’s not just a motorist who could be found responsible for your bad weather car accident. Other parties are considered liable in many circumstances. For example, a semi could tip over in high winds because the trucking company packed cargo irresponsibly, causing it to be top-heavy. Or a municipality might have neglected to clearly label an intersection, leading to a history of dangerous collisions. Perhaps a commercial operator wasn’t properly trained to drive their vehicle, causing a crash in the snow. Maybe a car had a set of faulty windshield wipers that didn’t properly work in a rainstorm, making it impossible for the driver to see.
Some of these causes can be absolutely hidden at the time of the crash and require investigation to uncover.
How Our Kirkland and Bothell Car Accident Law Offices Can Help
Because car accident claims and litigation can be complicated—and even more so if weather is a factor—a WA injury attorney can help you through every step of the case. Our team at Max Meyers Law will investigate the case, gathering evidence, finding the causes, and getting to the bottom of who was at fault. Then, we’ll present an argument for your case, negotiate with insurers, protect your rights in court, and ensure you have as much opportunity to get the compensation you deserve.
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What should I do if I'm hit by a car while I'm walking in a parking lot? Washington Personal Injury Attorney Max Meyers Discusses What to Do After a Pedestrian Parking Lot Accident
Many safety features are installed in and around public roads to keep pedestrians safe, including traffic lights, crosswalks, streetlights, and sidewalks. However, private entities often own parking lots and don’t necessarily have all those safety measures in place. Add dozens of cars navigating the area, with adults, kids, and shopping carts in the mix, and it’s no surprise that pedestrian parking lot accidents are common in Washington.
If you or a loved one is involved in one of these incidents and unsure what to do, schedule a free, confidential consultation in person or over the phone so we can learn more about your individual case and determine how we can help.
How Parking Lot Pedestrian Accidents Happen
No one ever intends to hit someone. Most motorists do their best to keep pedestrians safe. However, there’s often a lot going on in a parking lot that puts people on foot at risk. Here are some of the more common reasons for parking lot accidents.
Distracted Driving
Motorists are often more focused on finding a parking spot or checking their phones than on their surroundings. They might also be on headphones or preoccupied with errands, picking up other people, and checking off their to-do lists and don’t consider parking lots to be high-risk areas.
Back-up Accidents
Most of us have walked through a parking lot when suddenly, a parked car begins backing up in our direction. Sometimes the driver sees you and stops—other times, a collision occurs. While a motorist might claim a pedestrian was in their blind spot, it’s important to know whoever is behind the wheel is responsible for checking their mirrors and backup cameras, and doing a physical look behind time to make sure the way is clear. If they didn’t do these things, they’ll likely be found at fault for a back-over accident.
Speeding
Drivers should go less than 15 mph when in a parking lot. Greater speeds create dangerous conditions for both car accidents and pedestrian accidents. If a driver is acting recklessly, they may be responsible for the accident and its related damages.
Wrong Pedal Accidents
Pedestrian parking lot accidents often happen when a car is just starting to move out of its spot. Unfortunately, a distracted or unaware driver can sometimes tap the gas instead of the brake, or forget to put their car in reverse instead of drive. These two mistakes can be deadly for pedestrians.
Who’s at Fault For Your Seattle Pedestrian Parking Lot Accident?
It’s not uncommon for injured victims to blame themselves, especially in the moments after a collision. But sometimes it can be difficult to tell who’s liable and who deserves compensation. Pedestrian accident laws indicate that usually, there are three possible at-fault parties.
Motorist
If the driver was reckless, distracted behind the wheel, under the influence, or careless, they could be at fault for the accident and any related injuries. This means they’re responsible for your medical bills, lost wages, pain and suffering, and other damages outlined in your claim.
Parking Lot Owner
Most lots are privately owned by individuals or businesses, and they’re obligated to keep all areas reasonably safe for both people and vehicles. It’s possible that your pedestrian accident could have been prevented if the owner had properly maintained the area, responded to past complaints, or put reasonable safety measures in place.
Pedestrian
People can also be held liable for their injuries. For example, a distracted pedestrian on their phone could walk out in front of a car without warning. Or if someone is under the influence, they might fail to look before stepping off a sidewalk and into the lot.
Additionally, other parties might be responsible for a pedestrian accident—or even multiple parties. When the Max Meyers Law legal team assesses the facts of your case, we’ll investigate all aspects of potential liability.
What to Do After a Washington Pedestrian Parking Lot Accident
Even if you’re able to get up and brush yourself off, it’s imperative to treat the situation seriously. Injuries still happen when a vehicle makes contact with a person, even at very slow speeds. Here’s what to do in the minutes, hours, and days after your accident.
Ensure Safety and Seek Medical Care
First, call 911 and if possible, move to a safe location away from traffic. Some injuries may not be immediately apparent, so arrange for a thorough medical exam.
Report the Accident
Unlike traffic accidents on roads, law enforcement may not necessarily come to the scene of a parking lot collision and file an accident report. You may need to call them to report an injury and request an officer. Their report will also be essential evidence to support your case.
Exchange Information
If you’re medically able, collect contact information from the involved parties, including names, phone numbers, addresses, and insurance information. If there are witnesses, try to obtain their contact information as well.
Document the Scene
Again, if you’re able, take pictures of the accident scene, including the vehicles involved, your injuries, and the surrounding area. Note the incident's time, date, and other relevant details.
Avoid Admitting Fault
Be cautious about admitting fault or making statements that could be perceived as an admission of guilt. Even saying “I’m sorry” to be polite might be misinterpreted. Be aware that there’s often more to these accidents than meets the eye—and you might not have all of the facts.
Follow Medical Advice and Keep Records
Keep track of all treatments, assistive devices, physical therapy, and other related expenses. Maintain a record of communication with insurance companies and other parties involved.
Get Legal Assistance
If there are claim disputes or concerns about liability, or if you want to make certain you’re making the right legal choices and getting the compensation you deserve, it's advisable to consult with a legal professional skilled in handling the complexities of Washington pedestrian accident cases. Our team is happy to consult with you and answer any questions you have—and if we can help you obtain a rightful settlement.
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Will I have to go to court if I file a car accident case in Washington State? When many people think of car accident claims, they often picture a courtroom, with an injured victim sitting on the witness stand in a neck brace, telling their story to a jury. But while this might be a scene they’ve seen on television or read in a book, it’s not the reality for the vast majority of accident cases.
In fact, about 96 percent of all injury cases are settled out of court each year in the United States, leaving only four out of 100 decided by a court of law.
Still, there’s a small chance that your car accident case needs to go to court. In this article, we take a closer look at why some cases settle fairly, what happens if your case does go to court, and how our experienced car accident team at Max Meyers Law can help you through the process in both instances.
Why Do Some Injury Cases Go To Court?
First, let’s talk about the roughly 96 percent of cases that don’t go to court. In those instances, the injured party and their lawyer file a claim for damages with the insurance company (or companies) in question. During this process, both sides examine the case evidence and the insurer either approves or rejects the claim. Then, the party seeking damages can either accept or reject the offer of compensation. In most cases, after appeals, compromises, and negotiation, the parties come to a fair settlement.
However, there are a few cases in which a car accident and injury insurance claim could go to court:
- The insurance company rejects your claim, but you still believe you’re in the right.
- The insurer approves your claim, but you don’t the amount of compensation adequately covers all your accident-related losses.
- You and the insurance carrier ultimately cannot come to an agreement about your claim or its amount.
As with many other areas of life, such as a divorce or business dispute, if two parties cannot agree on an outcome, they go to court and have a judge and/or jury decide the case.
In this way, the decision is taken out of both party’s hands and given to the court system.
Pros And Cons of Going to Court for Your WA Car Accident Case
There’s a valid reason that most car accident and injury claims don’t go to court: both parties actively try to avoid the option. Why? Court proceedings lengthen the case timeline—sometimes significantly—and often take more resources than settling out of court. Going to court also means that there’s a chance that you could lose the case.
But there’s one big upside to the judicial process: you’re calling the insurance company’s bluff and fighting for what’s right. If you and your attorney are confident in the evidence in the case— and that the law is on your side—going to court may be the only way to get fair compensation if the at-fault party refuses to take responsibility or refuses to pay the correct amount.
In some cases, insurers decide to settle your case only after you prepare a claim for trial—all to avoid court.
All cases are different. It’s imperative that you and your car accident attorney decide if the claim settlement is unfair and that going to court is right for your circumstances.
Your Attorney Takes the Lead in Your Court Case
Many people feel intimidated or overwhelmed by the idea of a courtroom and taking a case to court. While people are free to represent themselves in court, it’s far more advantageous to choose an attorney with extensive knowledge of how to present car accident cases before a judge and jury, and how insurance companies operate in court.
A savvy lawyer also takes the burden off of their clients when it comes to navigating the court system, collecting evidence, filing paperwork, and speaking with the judge and jury.
The Stages of a Car Accident Trial
If you and your attorney decide taking your car accident case to court is the best solution, the legal team first walks you through the entire process, then prepares you for any hearings and ensures that your story is told in full. Here’s how the process usually works.
Filing a Lawsuit
Your lawyer formally files a legal document—referred to as the complaint—outlining the case, the damages sought, and the legal grounds. Then the defendant is notified of the lawsuit and provided with a copy of the complaint.
Discovery Phase
Next, both parties exchange written questions to gather more information. Witnesses and parties involved may be interviewed under oath in depositions, while relevant documents and evidence are exchanged to support or challenge claims.
Pre-Trial Motions
At this point, either party may request the court to rule in their favor based on the evidence, avoiding a full trial. In addition, either side may file motions to exclude or limit certain evidence during the trial.
Trial
Finally, the trial itself begins. First, if applicable, a jury is chosen from potential jurors, a group of your peers. Next, each side has the opportunity to argue their case, citing evidence and bringing witnesses to the stand in support of their claims. After all of the arguments are heard, the jury deliberates and reaches a decision.
Possible Post-Trial Actions
After a trial is over, either party may be able to file an appeal or even request a new trial if they can prove that either option is appropriate.
Having an Attorney at Your Side
When selecting a Seattle car accident attorney, asking about their courtroom experience, history, and case results during an initial consultation can help you choose the legal representation that’s right for you. You may also wish to ask a few more related questions:
- How often do you bring accident cases to court?
- What were the outcomes of cases similar to mine?
- How do you decide with a client whether or not to go to court?
- What are your strengths and weaknesses in court?
- How do you bill clients if a case goes to court?
Going to court for your accident claim is rare, but that doesn’t mean that you shouldn’t understand all of your options and outcomes when choosing to work with an attorney. Our team is dedicated to seeing cases to their optimal outcome and keeping our clients educated, aware, and informed through every step of their case.
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I had pre-existing conditions before my commercial vehicle crash. Can I still file a truck accident case? Few of us can claim to have perfect health. Millions of people are born with various health conditions that they manage for their entire lives, and millions more suffer from illnesses and issues as they get older, from age-related conditions like heart disease and diabetes to wear and tear like herniated discs or bad knees. Others deal with lingering problems from past physical trauma, such as broken bones and traumatic brain injuries.
So if you were injured in a collision with a big rig, semi, tanker, or another large commercial vehicle due to someone else’s negligence, can you still seek truck accident compensation with preexisting injuries? The short answer is absolutely yes. If you can prove that another party is liable for the accident and that your health was harmed as a result, you’re entitled to economic and non-economic damages for your losses, which could include medical bills, lost wages, and pain and suffering. Whether your old injury was made worse by the crash or whether you experienced a new medical issue in addition to your other conditions, you may have a valid claim.
At Max Meyers, our legal team is dedicated to fully understanding the consequences of your truck accident as well as the damages you are owed in your case.
While pre-existing injuries can complicate your claim, they certainly don’t invalidate it.
Existing Conditions That May Become Worse After a Truck AccidentReally, for the majority of Americans, imperfect health is simply part of living. So it makes sense that many people injured in car accidents are already managing certain aspects of their health at the time of their crash. So for some people, new injuries make their existing conditions worse.
For example, a person with spinal cord problems might discover their back now requires surgery following a crash with a commercial truck. Someone else who sustained several concussions in college may find out that the consequences of striking their head during an accident are much more severe due to their injury history.
There are a number of preexisting medical conditions that could be exacerbated by the impact of a truck accident—and some of them might surprise you. They may include, but aren’t limited to:
- Herniated discs
- Spinal cord conditions
- Degenerative disc disease
- Neck injuries
- Concussions
- Traumatic brain injuries
- Old bone breaks and fractures
- Cardiovascular disease
- Arthritis
- Diabetes
- Fibromyalgia
It’s imperative that you disclose your full medical history to the doctors and other health care professionals caring for you in the wake of a truck accident so they can better understand your case and treat your injuries thoroughly. It’s also absolutely vital to see a doctor as soon as possible after the truck accident in order to establish a clear record of your health and how your injuries were affected. If you notice any changes in your existing conditions, be sure to tell your doctor.
How the Max Meyers Law Team Secures Truck Accident Compensation With Pre-Existing Conditions
If you were suffering from an existing condition before your accident but the incident either made your injury worse or added a new medical concern, it’s all the more important to discuss your car accident case with an experienced attorney with a history of success handling these cases.
When our team at Max Meyers Law approaches these cases, we take specific, deliberate steps toward proving that you’re owed compensation even though you had an existing condition at the time of the accident. We also ensure you avoid costly mistakes. Here’s our process:
- Establish your preexisting condition through past medical records.
- Determine what contributed to the worsening of your condition or injury.
- Prove who’s liable in your truck accident case, and whether multiple parties were at fault (such as both the driver and the trucking company).
- Consult medical experts who can speak to your individual situation, support your injury claim, and help determine your possible future medical needs.
- Prevent the insurance company from claiming that your all truck accident injuries were preexisting.
- Take your case to court if necessary.
Insurance companies will do everything in their power to reject your claim. In the cases where the car accident victim might have preexisting medical issues, they may argue that your new injuries were preexisting, too—and therefore the truck company owes nothing. But if your condition was made worse by the accident, you and your attorney will have to fight hard to prove it.