Were You Injured Because Of Someone Else's Negligence? Browse Our FAQs

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.

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:  

1. 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..
2. 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.
3. 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. 
4. 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.

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.

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.

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.

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. 

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.

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. 

Even minor car accidents can feel overwhelming—and major crashes that involve significant personal injury and property damage can turn your whole life upside down. Because of the stress, confusion, pain, and anxiety of the situation, it can be tempting to make everything go away as soon as possible by simply agreeing to whatever the insurance companies offer, not trying to determine what you’re owed under the law, and just getting everything over with without asking questions. 

If you genuinely want to receive the compensation you legally deserve after a traffic collision that wasn’t your fault, you need to speak to a Washington car accident and injury attorney. Not only can we determine your damages accurately, but we can fight insurers and argue your claim while you focus on what’s truly important: recovering from your injuries and getting back to your everyday life. 

However, if you never contact us, we can’t help you. Below, we outline when it’s okay to skip calling a car accident attorney, when you should pick up the phone after a wreck, and why it’s better to be cautious and consult a legal professional.  

The Right Time to Call a WA Car Accident Attorney 

This answer is easy: as soon as possible. The more time you let pass, the greater the chance that essential details will be missed. Additionally, insurance companies will push on building a storyline that negates your claim, even if you weren’t at fault. Also, remember that Washington has a statute of limitations on personal injury claims. This deadline outlines how long you have to file a claim, which is three years from the date of the incident. 

The following should be your top priorities ASAP after a traffic collision.

Getting Medical Attention 

Your health and safety surpass everything, even getting legal help! If you were injured in an accident, go to the emergency room as soon as you can to be evaluated and treated, even if you believe any injuries are only minor (post-accident adrenaline can trick you into thinking you feel fine). It’s just as important to follow through on all appointments, treatments, medications, and therapies that medical professionals assign you 

Collecting Information and Evidence  

After your car crash, having as much information as possible is key to arguing your case later. While at the scene, if you’re not too hurt, be sure to get the names and contact information of the other drivers as well as any witnesses or responders. Also, if you’re healthy enough, take pictures of the scene and any damage. 

Contacting a Lawyer 

Your third priority should be to request a free consultation with a local injury attorney. Do this before you talk to insurance companies or make any official, recorded statements about what happened. An initial conversation with most accident lawyers is free, and can put you on the right path to getting the compensation you deserve. 

Car Accidents That Don’t Require an Attorney 

A limited number of crashes don’t require the help of a Washington car accident attorney. For example, if your crash meets the parameters below, you likely don’t need legal help.  

• You weren’t injured. 
• No one else at the scene was injured. 
• The damage to your car and other involved vehicles is superficial or minor. 
• The other party was clearly at fault and all parties agree to this fact. 
• You didn’t miss a significant amount of work 
• You didn’t incur any significant damages from the accident. 

However, even if all of the above is true, it never hurts to contact an attorney experienced in this area of law for a free consultation to make sure you have all your bases covered and can handle resolving a claim without legal help. 

Car Accidents That Often Require an Attorney 

So when is it necessary to have legal counsel after a traffic accident? Usually in circumstances that involve significant injuries and damages, or when there’s a need to determine negligence or prove fault. So reach out for a consultation if: 

• You and/or someone else in the crash were injured. 
• Your loved one lost their life in the accident. 
• There was serious damage done to vehicles or property at the scene. 
• The insurance company denied your claim. 
• An insurance adjuster is asking for a recorded statement. 
• Fault isn’t crystal clear.
• You missed a significant amount of work and income because of the incident.
• You experienced other damages in the accident that may be difficult to calculate. 
• You suffered injuries that are likely permanent. 

Even if you believe you’re being treated fairly in this situation, an experienced Washington attorney like the professionals at Max Meyers Law can verify that you’re getting everything you deserve—and on a reasonable timeline. They can also look at the evidence and calculate your damages accurately as someone who is on your side and on your team. 

How a Kirkland Car Accident Attorney Can Help 

Sometimes it might feel like contacting a Kirkland car accident attorney is an extra step in an already complicated process, requiring more work. But in reality, an injury lawyer intends to make everything easier so you receive proper compensation and justice. 

While it can be scary or intimidating to make the first call, the benefits are significant. A knowledgeable attorney can:  

• Has only your best interests in mind. 
• Acts as your advocate from the beginning to the end of your case. 
• Navigate the details of Washington state traffic accident laws.
• Answer any questions you may have about the legal process surrounding your case. 
• File the claim and stay on top of other necessary documentation. 
• Handle all communication with insurance companies for you. 
• Accurately determine the amount of compensation you deserve. 
• Make certain your case moves forward so the statute of limitations doesn’t expire. 
• Prepare for and defend your case before a judge and jury, if necessary.
• Give you peace of mind that you’ve approached your case correctly. 

If you aren’t sure if you need an attorney in the wake of your accident, simply request a free consultation. At Max Meyers Law, our legal team listens to your story and examines the facts, then lets you know if you’ll benefit from legal representation or if you can handle the process yourself with good results.

Almost everyone knows that drinking and driving is not only against the law but also patently unsafe. However—and despite years of legislation—a stunning percentage of Americans admit to having driven a vehicle while under the influence of drugs or alcohol. And with alarming regularity, accidents happen. 

Under Washington state law, drunk driving accident victims have a legal right to file a claim for compensation against the person or party who caused their accident. When restaurants, bars, and social hosts continue to serve alcohol to clearly intoxicated visitors or to minors, they could be held liable for the costs of their own negligence. 

Washington State’s Dram Shop Laws

The Evergreen State, along with most other states, has enacted “dram shop” legislation. Dram shop laws provide a critical opportunity for accident victims to file legal claims against third parties that enable or otherwise facilitate an intoxicated motorist’s inebriation.

In Washington, dram shop claims are often categorized as either of the following: 

• First-party dram shop claims. This is a lawsuit filed against a commercial establishment—perhaps a bar or nightclub—that sells or serves alcohol to a person under 21 years of age, resulting in injury to the minor. 
• Third-party dram shop claims. This lawsuit is filed against a commercial establishment that serves alcohol to a person who’s already intoxicated, resulting in injury or death to another party. 

Dram shop laws demand that any person or business that serves alcohol presume that a heavily intoxicated person could cause injury to themselves or others. When representatives of bars and other establishments neglect their legal responsibilities and endanger the public, they could be held liable for the costs of any resulting accident. 

Social Host Liability in Washington State 

Washington’s dram shop laws provide accident victims with an opportunity to recover damages from irresponsible commercial businesses. 

However, dram shop laws cannot typically be used to file a personal injury lawsuit against a private party—or social host—who serves alcohol to invited guests. Under most circumstances, a social host can only be found liable for accident-related damages if they serve alcohol to visitors under the age of 21. 

The Potential Defendants in a Dram Shop Claim or Social Host Liability Lawsuit

Some accidents are simply unavoidable. However, when another person or party’s negligence causes an accident, they could be held responsible for the costs of any accident-related injuries. 

The potential defendants in a drunk driving or dram shop claim include, but aren’t limited to:   

• An intoxicated driver 
• Bar 
• Nightclub
• Restaurant
• Social host 

If successful, a dram shop personal injury lawsuit could provide victims with the resources needed to begin rebuilding their lives. 

Damages Awarded in Dram Shop Claims

If a Washington court finds that a drunk driver or dram shop defendant is liable for an accident, it may award damages to the victim, which are defined as compensation for injuries caused by a negligent third party. Injuries can be physical, financial, or emotional. 

Damages are typically categorized as any of the following: 

• Economic damages. This award provides financial recovery for objective, tangible losses, including reimbursement for paid medical expenses, compensation for anticipated care, and lost income from work. 
• Non-economic damages. These cover comparably intangible losses, such as emotional pain and suffering or loss of enjoyment. 
• Punitive damages. Unlike economic and non-economic damages, punitive damages are a court- or jury-imposed award intended to punish an incredibly negligent defendant. 

Washington, unlike some states, currently doesn’t cap the damages available in most dram shop claims. However, a strict statute of limitations applies to most personal injury claims. If you wait too long to contact an experienced Seattle-area dram shop attorney, the statute of limitations could lapse, and your claim could be dismissed on a technicality.

In the aftermath of a serious Washington car accident, survivors often look to the at-fault motorist’s insurance company to recompense. However, negotiating a fair settlement is rarely easy. Even if you have a seemingly open-and-close case, the adjuster could take days, weeks, or even months to offer a settlement—a settlement that may fall short of your expectations, leaving you in debt and on the brink of financial insolvency. 

Understanding Why Insurance Companies Delay Negotiations 

Washington State requires every vehicle operating on public roads to be supported by liability coverage. Under the state’s fault-based insurance system, this liability coverage can be used to pay down the costs of an accident. 

However, insurance companies often have motivations beyond good-faith negotiations. While they might have a legal obligation to provide compensation, they sometimes try to delay payment for as long as possible. A carrier might delay a claim for any one or more of the following reasons:  

• The adjuster needs additional evidence to adjudicate or make a formal decision on the claim. 
• The adjuster believes a claim is either fraudulent or exaggerated. 
• The insurance company wishes to avoid incurring a loss and hopes the victim will either grow tired of never-ending negotiations and accept a lower settlement or simply bear the accident and medical expenses out-of-pocket 

Some claims—especially claims relating to serious, life-altering injuries—take time to assess and adjudicate. The adjuster may be obliged to obtain, inspect, and evaluate a wide range of evidence, from crash scene data to medical records. Depending on the severity of an accident, simply poring over this paperwork can take weeks. 

However, some delays have less to do with formalities than the insurance carrier’s own financial incentives. Since these companies are fundamentally for-profit enterprises, they may seek to preserve their profit margins by intentionally taking time to even initiate negotiations. 

How Insurance Companies Create Self-Serving Delays 

If the carrier wishes to avoid making an offer, it could fabricate delays by: 

Demanding Endless Amounts of Evidence 

After a serious Washington car accident, an adjuster needs limited access to: 

• Crash scene evidence 
• Medical records 
• Eyewitness statements and testimony 

When assessing an individual claim, the adjuster may consider the totality of this evidence to determine fault and calculate an initial settlement offer. However, insurance companies sometimes ask for records they know most people cannot procure, especially if weeks or months have passed since the initial accident. 

Claiming Your Injuries Are Fraudulent or Exaggerated 

Adjusters are sometimes skeptical of certain claims, especially those involving: 

• Motorcycles 
• Disabling injuries 
• Whiplash  

Insurance providers can’t be faulted for doing their due diligence on every case. However, if the adjuster takes an inordinate amount of time to conclude an investigation, they may not suspect fraud—they may simply be searching for an excuse to reduce your compensation or deny benefits. 

Acting in Bad Faith 

In a worst-case scenario, a carrier could act in bad faith, making it difficult to establish an initial point of contact. Even if it received your claim and stated it’s actively being reviewed, an adjuster might refuse to take your phone calls, ignore emails, and ask questions they know you can’t answer. 

Why Delays Can Devastate Legitimate Insurance Claims 

Insurance companies sometimes need more time to finalize a claim—but if they act in bad faith to avoid paying a significant settlement, they put accident victims’ lives and livelihoods on the line. 

A delay could cause difficulties including, but not limited to: 

• Late compensation. Even if the company eventually offers a fair settlement, you may have already accrued significant medical debt—expenses that you might be able to pay off with this compensation, but meanwhile, you experienced difficulties sustaining yourself in the months after an accident. 
• Loss of evidence. If an adjuster or the court has any questions about liability, delayed negotiations can result in the loss of critical evidence. Without the right evidence, the insurance company may refuse to even consider your claim. 

Legal limitations. Washington doesn’t limit compensation in most car accident claims, but it does have a strict statute of limitations. If a carrier takes too long assessing your case, the statute of limitations could lapse, preventing you from filing a personal injury lawsuit to recover damages.

Making sense of a car accident can be difficult without the right assistance. You might know that the other motorist was at fault yet still struggle to negotiate a fair settlement with their insurer. Even if you have evidence of their wrongdoing and medical records to substantiate your injuries, the adjuster might refuse to listen to reason, coming up with a never-ending list of excuses to delay your claim.

An experienced Seattle-area car accident attorney can not only help you overcome the insurance company’s excuses, but he can also fight to secure the compensation you need and the justice you deserve.

The Advantages of Hiring a Washington Automobile Accident Attorney

Your Washington car crash lawyer does far more than argue your case in court. An experienced advocate can help you by:

Proving You Have Standing to File a Personal Injury Lawsuit

Car accident claims are often dependent on the availability of evidence. Like most other states, Washington’s civil code requires that personal injury plaintiffs establish the following elements when pleading a case:

1. The at-fault motorist owed you a duty of care, meaning that they had a legal obligation to operate their vehicle in a reasonable and safe manner.
2. The at-fault motorist breached their duty of care by acting negligently.
3. The at-fault motorist’s negligence caused your injuries.
4. You suffered damages that can be recovered in court.

An attorney will help you establish the standing needed to file a lawsuit by collecting evidence of the other motorist’s wrongdoing.

Collecting Evidence of Fault

Even if the other motorist has openly admitted liability, their insurance company might still refuse to grant the damages you deserve if you lack the evidence needed to not only establish fault but substantiate your injuries.

Your Seattle-area car crash lawyer could help you collect the evidence needed to prevail in court by:

• Reviewing law enforcement reports
• Taking photographs of the crash site
• Subpoenaing surveillance camera footage
• Obtaining a court order to review the at-fault driver’s cell phone call log and text message history 
• Analyzing your medical records
• Interviewing eyewitnesses
• Collaborating with safety experts to prove that you did not cause the accident
• Referring you to medical specialists to assess your immediate medical needs and long-term care requirements

Calculating Your Damages

Washington allows automobile accident victims to obtain compensation for:

• Economic damages. Economic damages reimburse objective, quantifiable monetary losses resulting from an accident. Your economic damages could include your medical expenses, physical rehabilitation costs, and lost income from work.
• Non-economic damages. Non-economic damages are compensation for comparably subjective losses, such as emotional pain and suffering, loss of enjoyment in life, and disfigurement.

Since the Evergreen State does not cap the damages available in most personal injury claims, you could receive the compensation you need to rebuild your life and reclaim your independence.

However, calculating damages can be difficult, especially if you have continuing care needs or harder-to-quantify non-economic damages. Your attorney will refer to state law, court rulings, and precedents to determine a fair amount of compensation.

Standing Up to the Insurance Company

Insurance companies often do little to alleviate the pain and suffering caused by a car crash. All too often, accident victims expect that the at-fault motorist’s insurer will reimburse their medical costs and lost wages. However, this expectation is routinely challenged by adjusters who seem skeptical of every claim—adjusters who, it may seem, do everything in their power to deprive victims of their deserved compensation.

Since car crash lawyers have extensive experience advocating for their clients’ rights, we understand the strategies that insurance companies use to save money. We do not let adjusters bury our clients with paperwork or subject them to never-ending demands for ever-more medical examinations, phone calls, and statements.

Your attorney could take over communications with the insurance company, letting you focus on your physical recovery while we focus on holding the at-fault motorist and their insurer accountable.

How to Choose the Right Seattle Car Crash Attorney

When you visit a Washington car crash attorney for your initial consultation, you should prepare a list of questions. Consider asking the following:

• Do you have experience handling Washington car crash claims?
• What steps do I need to take to protect my legal rights to recovery?
• What information do you need to evaluate my case?
• Who will handle my claim: a senior lawyer or an associate?
• How often will you communicate with me about my claim?
• Do you expect clients to pay out-of-pocket, or do you take new cases on a contingency fee basis?
• Do you think that I have a worthwhile claim?

Before committing to a car crash attorney, do your due diligence: visit their website, read client testimonials, and see whether they have delivered worthwhile results to similar clients. Remember: a consultation is not legally binding, and you should never feel obliged to hire a lawyer who makes you feel uncomfortable or undervalued.

Everybody knows that travel in and around Seattle can be stressful. However, motorists are still expected to respect the rules of the road, regardless of whether they are late to work or on their way to an important appointment. Unfortunately, not everybody exercises due diligence. When drivers run through red lights—whether intentionally or by accident—they endanger not only themselves but everyone around them.

Red-Light Accident Claims Aren’t Always Open-and-Shut

If you or a loved one has been injured after another motorist ran a red light and struck your vehicle, you could be entitled to significant compensation through an insurance claim or personal injury lawsuit.

While common sense should suggest that the other driver’s negligence caused the accident, establishing fault in insurance negotiations or in court could present unexpected challenges. Insurance companies are, after all, for-profit enterprises: for better or for worse, they are motivated primarily by profit—and paying large, comprehensive accident settlements is usually anything but good for profits.  

Instead of accepting the evidence and taking you at your word, the insurance adjuster will likely try to save their employer money by finding any reason to devalue or deny your claim. They could:

• Use your words against you. Shortly after your accident, the insurance adjuster might ask you to provide a recorded statement. While providing a recorded statement might seem like an ideal way to tell your side of the story, the adjuster likely has motivations beyond hearing your account of the accident: in all probability, they will analyze your statement for any and all discrepancies, hoping to find a way to minimize their liability. Since simply apologizing for the accident could jeopardize your settlement, you should never consent to a conversation with an insurance adjuster without first consulting an experienced Washington car accident attorney.
• Use your medical history against you. Washington law allows insurance companies to request that accident victims submit to an “independent medical examination.” These examinations are conducted by supposedly impartial physicians, who will assess your post-accident injuries and write a report for the adjuster. However, independent medical examinations are often anything but impartial. While the examiner might be a trained and highly experienced practitioner, insurance companies usually refer clients to the same pool of physicians—physicians who are very aware of the fact that they owe much of their business to the insurance company and may be more inclined to issue adverse decisions against prospective claimants.
• Use your evidence against you. Even if you have a dashcam recording or other seemingly unassailable evidence, the insurance company could still find a way to use it against you. If you had been talking on your cell phone at the time of the accident—or even changing radio stations—the adjuster could claim that you were also negligent. If you are found partially at fault for the accident, then the insurance company could reduce your settlement proportionate to its, or the court’s, determination of fault.

How an Attorney Could Help You Overcome the Insurance Company’s Obstacles

You should never have to pay the price for another motorist’s negligence. Max Meyers Law could help you overcome the insurance company’s attempts to minimize your settlement by:

• Investigating the causes and circumstances of your accident
• Subpoenaing critical evidence, such as surveillance camera footage, the other motorist’s cell phone records, and vehicle “black box” data
• Interviewing potential eyewitnesses
• Referring you to skilled medical practitioners who could help evaluate your injuries and determine your long-term care needs
• Communicating with the insurance company on your behalf, letting you focus on your physical health and mental well-being while we advocate for your best interests in court

While Washington state does not currently cap the damages that car accident victims could receive in a settlement or court award, the Evergreen State does have a strict statute of limitations: if you wait too long to take action, the court could dismiss your complaint without giving you the chance to tell your side of the story.

Washington requires that every road-legal vehicle be insured. However, compared to other states, Washington has low mandatory coverages. If you or a loved one has been seriously injured in a Seattle-area automobile accident, you might have to look beyond the other driver's insurance policy for compensation. 

Washington's Comparative Fault Law

Washington is not a no-fault insurance state. Instead, Washington has a comparative fault doctrine, meaning that the fault of all parties in a car accident is considered when determining damages. If your own negligence contributed to a crash, then your potential compensation could be reduced by a percentage proportionate to your level of fault. 

Car Insurance Requirements in Washington State

Almost every state in the country requires that automobiles be insured, and Washington is no exception. State law mandates that every motorist has coverage of at least: 

• Bodily injury liability coverage: $25,000 per person and $50,000 per accident
• Property damage liability: $10,000
• Underinsured motorist bodily injury coverage: $25,000 per person and $50,000 per accident
• Underinsured motorist property damage coverage: $10,000 per accident
• Basic Personal Injury Protection (PIP): $10,000 per accident

Optional Car Insurance Coverages

Washington's minimum coverage amounts are sufficient to cover the costs associated with minor to moderate injuries, as well as some medical procedures. However, simply purchasing the lowest-price policy does not guarantee that you will be afforded the resources you need to recover after a serious automobile accident. You could bolster your protection by adding features such as:

• No-fault personal injury protection, which allows you to make medical claims on your own policy regardless of whether you were at fault for the accident.
• Collision insurance, which can help pay the cost of a car repair or replacement.
• Comprehensive insurance, which provides protection if your vehicle is ever damaged by a cause other than a collision, such as hail, fire, or vandalism.
• Rental reimbursement, which could cover the costs of a car rental if yours is ever damaged or destroyed in an accident.
• Underinsured motorist additions, which provide additional compensation if you are injured by a motorist who is either uninsured or has inadequate coverage.

Your Options for Compensation After a Washington Car Crash

Washington's pure comparative fault law allows motorists to:

• File a claim against the other motorist's insurer, even if you were partially or mostly to blame for the accident.
• File a claim with your own automobile insurance company, if you purchased additional no-fault personal injury protection coverage.
• File a personal injury lawsuit against the at-fault motorist, with any potential award or settlement to be reduced proportionately to your own level of fault.

What Happens When Insurance Isn't Enough

Washington, like most states in the country, makes automobile insurance mandatory. While mandatory policies are supposed to protect motorists if they are injured in an accident, insurance companies are still for-profit enterprises. Unfortunately, insurers do not generate a profit when they pay the maximum amount of compensation to every deserving driver, regardless of how seriously they have been injured. Consequently, insurance adjusters often look for any reason to devalue or deny a claim. They could:

• Ask you to provide a recorded statement, and then use your own words against you.
• Argue that your injuries were caused by a pre-existing condition.
• Claim your negligence contributed more to the accident than it really did.

Insurance companies frequently contest claims and are often unwilling to negotiate in good faith with automobile accident victims. But despite what the insurance company might want you to think, you do not have to give in to heavy-handed pressure tactics and coercion.

Your Potential Damages After a Washington Automobile Accident

Max Meyers Law could help you obtain a fair, equitable settlement, even if the insurance company has already tried giving you the silent treatment. We could investigate the circumstances and causes of your accident, building a compelling, evidence-based case for compensation against anyone whose negligence may have caused or contributed to your injuries. This could include:

• The other motorist
• A negligent business
• The City of Seattle or a municipal corporation
• A car manufacturer
• An automotive parts maker

We could negotiate damages for:

• Your past, present, and anticipated medical expenses
• Physical rehabilitation
• Lost income
• Diminished earning potential
• Emotional pain and suffering
• Loss of enjoyment
• Disfigurement
• Disability

Washington does not currently cap the amount of economic damages you could receive after an automobile accident, meaning that you could get as much money as you need to begin moving past a serious, Seattle-area car crash.

Contact Max Meyers Law Today

Max Meyers Law could fight for your rights, whether in insurance negotiations or before a judge and jury. Please send us a message online or call us at 425-399-7000 to schedule your free, no-obligation consultation as soon as possible.

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Even minor car accidents have the potential to cause devastating injuries. You might find yourself saddled by medical debt but unable to work, depriving you of the income you need to keep yourself out of dire financial straits. Fortunately, Washington law allows victims to claim compensation for medical expenses and other losses, including anticipated costs. If your doctor believes that you need physical rehabilitation to rejoin the workforce, Max Meyers Law could help you secure the legal recovery you need to resume normal living.

Paying for Physical Therapy After a Washington Car Crash

Washington is a fault state. When someone causes a car accident, they—or their insurance company—must pay for the other motorist’s damages. A claim for damages could cover:

• Past, present, and future medical expenses
• Prescription medication co-pays
• Physical rehabilitation

Insurance Companies and Physical Rehabilitation

Every Washington driver must have an automobile insurance policy. While you might expect that the other driver’s insurer will cover your accident-related expenses, you should never forget that insurance companies are for-profit businesses. Oftentimes, they are more interested in protecting their profit margins than providing a fair recovery. They employ many different tricks, tactics, and strategies to devalue car crash claims. So, even if your doctor says that you need physical rehabilitation, the insurance company might try to evade responsibility by claiming:

• You were responsible for the accident. Even if your car accident claim seems open-and-shut, the insurance company might demand evidence that the other driver’s negligence caused the collision. If you show them a police report, surveillance footage, or other seemingly irrefutable evidence, they might still try to argue that you were at least partially responsible for the crash—and that they do not have to pay you the full amount to which you would otherwise be entitled.
• You don’t really need physical therapy. Car insurance companies do their own math when deciding how to value automobile injury claims. Needless to say, this math usually relies on the opinion of their own medical experts, who might review your files and say that physical rehabilitation is not “medically necessary.”
• Your injuries were not caused by the crash. If you do not contact an attorney immediately after an accident, the at-fault motorist’s insurance company might peruse your social media accounts, ask for medical records access, and even try to speak to your doctor. If they can find any way to construe your injuries as “pre-existing,” they will refuse to pay for your physical therapy.

Protecting Your Rights After an Injury

Insurance companies are notorious for devaluating car crash-related injuries. However, Washington law is clear-cut: you should never have to pay for an accident you did not cause. You could protect your legal recovery by:

• Seeking immediate medical attention. Even if you do not believe you were seriously injured in the accident, you should still make an appointment with a medical professional. A physician could help identify and treat injuries you already have. If they believe you need physical rehabilitation, you will be able to show the insurance company that the doctor believes physical therapy is a necessity.
• Document your symptoms. You could create a pain journal or other record to document any symptoms you experience after a serious Washington car crash. Ideally, your pain journal will include regular entries detailing your medical symptoms, physical feelings of pain, and any prescription or over-the-counter medications you are taking to alleviate it.
• Speaking to an attorney. Insurance companies know that most car crash victims do not understand Washington’s complicated medical claims process. Even if they present you with a settlement offer, it might not account for your physical therapy and other anticipated expenses. They may even refuse to negotiate with you, citing a never-ending list of excuses. However, attorneys are familiar with the insurance industry’s tricks. We do not let our clients get bullied. Max Meyers Law could handle all of your communications with the insurance company, collecting, compiling, and analyzing the evidence needed to get you fair compensation.

Do You Need a Better Settlement? Contact Max Meyers Law Today

Max Meyers Law is a people-focused practice. Our dedicated team of Washington attorneys seeks to understand our clients’ needs. When we take a case, we stick up for our clients’ rights—and have the results to show for it. You do not need to bear a life-long burden of pain: please send Max Meyers Law a message online or call us at 425-970-8822 to schedule your free, no-obligation consultation as soon as possible.

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When you're injured in a car accident and the at-fault party's insurance company offers you a settlement, it usually comes with a requirement to sign a Release of Claims form before the insurance company will issue the check. In Washington State, this form is also known as a "Settlement and Release of Claims Agreement." Signing it might seem like little more than a formality—and you may feel tempted because, after all, you need the money. But the ramifications of a Release of Claims form are quite important, and if you sign too quickly, you could be robbing yourself of significant compensation.

What Is a Release of Claims Form?

A Release of Claims form is a document that releases the other motorist and their insurance company from liability and any further legal obligation with regard to your injuries. By signing it, you effectively agree not to pursue any further damages related to the car accident in exchange for the settlement check. In plain English, it means once you sign the form and receive your settlement, that's all the money you'll get for your injuries.

In one sense, the Release of Claims seems reasonable enough. It simply means that once you've agreed on a settlement, the defendant is protected from you coming back and suing them again and again. But what if the settlement offer isn't enough to cover your total costs? What if your recovery incurs more expenses after the fact that you didn't anticipate? By law, the at-fault driver is still responsible for paying those expenses—but if a Release of Claims form is already signed, you've waived your rights to collect any more money. So in that sense, it can be a very dangerous document, especially if the insurance company tries to settle quickly. An overeager insurance company that presents you a Release of Claims form is usually trying to push you into accepting less money than your injuries are worth, then legally blocking you from coming after them for more.

Why You Shouldn't Be Rushed Into Signing a Release of Claims

When you have no income because you're unable to work and your medical bills are piling up, it's perfectly understandable to feel pressured to sign the release and get your money quickly. But here's why that's not a good idea:

• You may not know the full extent of your injuries. You can't anticipate any possible complications that might arise or extended treatments that might be needed.
• There may be long-term repercussions from your injuries. Some types of injuries can trigger other health problems that may not surface for years.
• You don't know about your future income. Your injuries could potentially hinder your ability to work for the long term, and your settlement may need to account for that possibility.

A settlement that is truly fair will take into account not only your current needs but also your anticipated future needs, not to mention the more intangible losses incurred by pain and suffering, psychological trauma, loss of consortium, and more. Bottom line: if you sign a Release of Claims form too quickly, you could end up being severely under-compensated for your injuries.

Never Sign a Release of Claims Form Without the Advice of Your Attorney

Granted, at some point, you'll likely have to sign a Release of Claims form before getting your check. The key is in knowing when it's safe to sign it—and the best person to tell you when you have a fair settlement is an experienced personal injury attorney. That's why we highly recommend that you never sign a Release of Claims before having an attorney review your settlement offer to help you decide whether or not it's in your best interests to sign, whether further negotiations are needed, or whether you need to go to court.

The Max Meyers Law Firm can advise you on what constitutes a fair settlement for your case, and we can help you get the full amount of compensation you deserve. Contact our offices to schedule a free consultation or call us at 425-399-7000.

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If you were injured in a car accident caused by someone else’s negligence, chances are you’ve had to take time off from work even if your injuries weren’t that severe. If your company provides the benefit of paid time off (PTO)—e.g., sick days, vacation days, and personal days—you might have had to use some or all of this PTO. Perhaps you didn’t even use all of it on your hospital stay or time recovering at home; you may have used PTO for other things related to your accident, like arranging a rental car, dealing with insurance companies, and meeting with your attorney. You’re entitled to claim lost wages in your personal injury claim—but are you allowed to recover your PTO even though you were paid for that time?

The answer is yes. Here’s how and why.

“Lost Wages” Includes Other Forms of Compensation

When you’re injured and can’t go to work, you lose out on both income and benefits you could be earning if it weren’t for your injuries. Your lost wages include the benefits that would have been available to you had you not been injured—which includes your paid time off. A personal injury claim is designed to help you recover all forms of loss incurred by your accident, including the loss of benefits at work. Even though you may have been paid for some of your time off work, it’s still considered a loss because you wouldn’t have used that PTO if not for the accident.

Winning your personal injury claim won’t get those benefits back—in other words, your company isn’t going to put those paid days back into your “PTO bank” so you can use them again. (That’s another reason why it’s a loss.) However, your settlement can include reimbursement for the dollar value of the PTO you used related to your accident—and you’re well within your legal rights to include it in your claim.

How Paid Time Off Is Valued

How do you calculate the value of your PTO when including it in your claim? In many cases, the answer is simple: Whatever amount you’re paid for a day’s work, that’s the value for every day of PTO you had to take. So if you’re paid $150 a day, and you had to take five paid sick days and 14 vacation days, you can add $150 x 19 days, or $2850, to your claim.

However, in many cases, your daily wage isn’t the only consideration when figuring out the actual amount of loss incurred by taking your PTO. For example, if you receive commissions or bonuses on sales, you might not have had the opportunity to make those commissions and bonuses because you were not at work. Your PTO likely only covered your “base pay” in those instances, so your attorney will want to include in your claim an estimate of the additional amount you would have received in commissions or bonuses had you not been forced to take your paid leave.

Why You Need an Attorney

Since the recovery of lost wages is an area that’s not always clear-cut, insurance companies are likely to try to push back on claims that include PTO. They may argue, for example, that you were paid for that time or that you didn’t really need to take those personal days. It’s best to talk with an experienced personal injury attorney who can advise you on how to include PTO in your claim for lost wages. A good attorney will be able to overcome the objections involved and make sure you receive the full value for those lost benefits in addition to other lost wages, medical expenses, pain and suffering, etc.

Paid time off can temporarily “soften the blow” to your finances, but it won’t stave off financial difficulty forever. The sooner you get an attorney involved after your injury accident, the sooner your attorney can get to work on your claim so you can recover your losses as quickly as possible. The Max Meyers Law Firm helps injury accident victims in Washington State get the settlements they need and deserve to get their lives back on track. Contact our offices to schedule a free consultation or call us at 425-399-7000.

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Under Washington State law, you always have the right to represent yourself in civil actions, including personal injury cases. However, it's not usually wise to do so, especially if you are pursuing damages after being injured in a car crash. 

Between determining fault, calculating damages, and negotiating with insurance companies, personal injury cases are complex matters that require the help of someone with extensive legal experience to obtain a fair settlement. Let's discuss some important reasons why you should consider hiring an attorney to represent you in a personal injury claim.

An Attorney Can Get You a More Generous Settlement

Washington is a comparative fault state, which means the damages you can recover are reduced by your percentage of fault. This means determining who is at fault—and by what percentage—can be very complicated and contentious. Determining how much to ask for in damages is equally complicated. 

If you attempt to navigate these issues on your own, chances are you'll wind up with a far lower settlement than you need or deserve. While you will have to pay the attorney to represent you, their fee comes out of the settlement—and the amount of your settlement will typically more than make up the difference for what you would have received on your own.

An Attorney Knows How to Handle the Insurance Companies

One of the most difficult aspects of a personal injury claim is negotiating with insurance companies—and chances are you'll be no match for them on your own. Insurance adjusters are under pressure to reduce or deny claims, and they are very good at making their settlement offer sound like the very best they can do. Furthermore, insurance companies know how to word their questions in a way that they can often use your answers to minimize your claim if it goes to court. 

A skilled personal injury attorney understands how the insurance companies work and how to negotiate with them to get the settlement you deserve. Being able to refer the insurance company to your attorney can save you from saying something that could be used to weaken your position legally.

An Attorney Knows When to Negotiate—and When to Litigate

Insurance companies are not always willing to settle. Many of them will refuse offers that seem fair, only to turn around and pay more when the case goes before a judge. At the same time, if you litigate your case and the insurance company can prove you were partially at fault, you could actually wind up with a lower settlement with additional court costs to pay. This is why it's important to have an attorney determine whether you need to take your claim to court or if it can be resolved through negotiations with the insurance company. A good attorney knows when a settlement offer is fair, and when it makes more sense to take your case to court.

An Attorney Can Help Defer Your Medical Bills

Washington State does not require drivers to carry Personal Injury Protection (PIP) insurance. If you don't have PIP, or if your PIP coverage runs out before your case is resolved, you could be facing collection actions for your unpaid medical bills. An experienced attorney can often step in on your behalf with your insurance company or medical providers to make deferred payment arrangements until your case is settled.

Get the Peace of Mind You Deserve

While you have the right to represent yourself in your own personal injury case, hiring a car accident attorney provides you with a whole set of additional resources and skills that, in the end, will improve your chances of a more generous settlement. Having an attorney will also give you much greater peace of mind knowing the legal piece is being covered while you focus on recovering from your injuries. 

The legal team at Max Meyers Law understands the complexities of helping you get a fair personal injury settlement in Washington. Let us help you get the full amount to which you're entitled under the law. Contact our offices to schedule a free consultation or call us at 425-399-7000.

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If you've suffered broken bones, burns, or other serious injuries in a car accident in King County, Washington, the police report of the accident likely contains key evidence that you will need in order to file a personal injury claim. If you don't obtain a copy of this report, your claim could be significantly weakened. Fortunately, the State of Washington makes it relatively simple to obtain a copy.

Why You Need a Police Report

For any vehicle accident resulting in injury or property damage over $1,000, the State of Washington requires each person involved to file their own accident report to the Department of Motor Vehicles if the police do not come out and investigate. However, the people involved in a car accident may not remember exactly what happened leading up to or during the crash. Unless the forensic evidence is conclusive, this can quickly become a case of one driver's word against the other. 

For this reason, you should always call 911 to request police response to any accident involving injuries. The police will then investigate and file a report. This report will be an authoritative account of what the police say actually happened based on an investigation of the scene and a review of witness accounts. This document can serve as key evidence to support your personal injury claim.

The police report will include the following information:

• Date, time, and location of the accident
• Descriptions of the cars involved
• Identification of the people involved
• Descriptions of damage done and injuries sustained
• Details that indicate which driver was negligent, if the evidence is clear
• Details on possible traffic infractions or criminal charges (e.g., speeding, texting while driving, DUI)
• Any citations issued for traffic violations

How to Get a Copy of the Police Report

You might assume that for any accident you're involved in, receiving a copy of the police report would be automatic—but it's not. While police reports are public, the police make these reports for their own purposes—essentially as documentation for possible traffic violations or criminal charges. If you intend to file a personal injury lawsuit, you'll need to request the police report. 

Police reports are generally available within four days of the accident. The easiest way to obtain a copy is to go online to the searchable State Police database and request it. You can view the report for free, but we recommend paying the small fee to download and print a hard copy of the report. 

If local police responded to the crash, you may request a copy of the police report from them directly. However, most people find it easier just to get it from the State Police website.

Won't I Get a Copy of the Report at the Accident Scene?

No, you won't. If you are handed anything by police, it's likely to be a simple Exchange of Information form. The actual police report won't be filed until after the police leave the accident scene.

Why You Need More Than Just the Police Report

The police report is an important piece of evidence, but it is not the only piece. To build a compelling personal injury case, you'll need evidence from multiple sources. This may include photos/videos of the accident scene, eyewitness accounts, etc. Additionally, the police report may not be as definitive in proving fault as you might like. 

For best results, you should always contact an experienced personal injury attorney to help with your claim. A good attorney will be able to correctly interpret the information on the police report and combine it with other key evidence to build a strong case.

The legal team at Max Meyers Law has extensive experience with King County injury accident cases, and we know how to compile and present the evidence in a way that helps you receive maximum compensation for your injuries. Contact our offices to schedule a free consultation.

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Anyone who has lived through a car accident knows that the experience will stay with you forever. This is especially true for those who experience a collision at a young age when the risk of long-term physical and psychological injury is especially high. Though every individual’s story is unique, our experience helping clients has revealed some commonalities in the types of long-term injuries experienced by children after a car accident.

Physical Injuries

Even minor collisions can produce a wide range of injuries for children, from simple cuts and bruises to permanent impairments which require life-long accommodation and medical support. For this reason, it is essential that any child who is involved in a car accident is seen by a medical professional, even if there are no immediate symptoms of injury.

Among the most tragic injuries which children experience after a car crash are:

• Brain injuries. Because their brains are still developing, it is difficult to predict how a traumatic brain injury (TBI) might affect a child over the course of their entire life. However, an analysis of medical data reveals that children who suffer even mild TBIs may have long-term impairments to their intellectual growth and physical abilities. 
• Neck and spine injuries. Children are more susceptible to “cervical acceleration-deceleration injuries”—more commonly known as whiplash—which can result in life-long neck and back pain, permanent cognitive impairments, and even paralysis. Children under the age of eight are far more likely than older children or adults to experience a spinal injury that is undetectable by X-ray or CT scan, putting them at even greater risk for life-long impairments following a collision.
• Broken bones or organ damage. Because their bodies are smaller and lighter, children are more likely to be violently thrown around the passenger compartment during an accident. This increases the risk of broken bones or damage to internal organs following an accident, particularly since their bones are not as dense or strong as adults. Though they frequently heal with routine medical attention, these injuries can result in long-term pain.
• Scarring. Contact with debris like broken glass or jagged metal during the collision can create serious wounds which may leave a scar. Friction injuries—such as when the skin comes in contact with the pavement—and burn injuries resulting from a car accident can damage the skin permanently, leaving a child with limited mobility and disfiguring scars.

Psychological Injuries

Children who experience a car accident are vulnerable to a number of mental issues. Certainly, those patients left with life-long cognitive or physical impairments are at a greater risk of experiencing depression in response to their changed circumstances. TBI can also result in permanent alterations to personality and emotional well-being due to physical injury to the brain, which highlights the way physical injury and mental injury resulting from an accident are interconnected.

Some children show symptoms of post-traumatic stress disorder (also known as PTSD) following a collision. This can result in sleep disorders as well as crippling anxiety. When the accident in question resulted in the death of another individual, children are particularly vulnerable to the experience of survivor’s guilt. The child, consciously or subconsciously, may feel remorse or shame for having lived through an accident when others did not. This experience can be especially harsh when the individual who died was a parent, sibling, or someone close to the child.

The Road to Recovery

It is essential that a parent whose child is injured following a car crash contact a top-rated, trial-tested attorney with experience fighting for injured children. In Washington State, a child under the age of 18 cannot bring a lawsuit on their own behalf, so it is up to you as the legal guardian to retain an attorney willing to stand alongside your family and demand the full and fair compensation that will secure the support your child needs now and in the future.

Contact our offices today to schedule your free consultation. When you speak with us, make sure to request your copy of our free book Car Accident Secrets Unlocked to learn more about how to protect and provide for your family following an automotive accident.

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