Personal Injury Frequently Asked Questions

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.

Although state law only gives you three years to file a personal injury lawsuit in Washington State under ordinary circumstances, there are quite a few ways to toll (suspend) that deadline.

Some of the exceptions apply to the plaintiff, and others apply to the defendant. Work with a lawyer who can help you file your lawsuit and address any issues pertaining to the tolling of the statute of limitations.

Absence From the State or Concealment

If the defendant goes into hiding, you can sue her when she is located, per RCW 4.16.180.

Let’s say that a person who lives in our state kills another driver because of driving while intoxicated. The drunk driver goes into hiding after the wreck. When she is located, the clock starts running on the deadline to sue. The time she was unavailable does not count toward the three-year time limit.

Personal Disability

A plaintiff who cannot bring a lawsuit because of a personal disability can toll the statute of limitations. For purposes of tolling the deadline, Washington statues define “personal disability” as being:

• Under the age of eighteen (except for medical malpractice cases);
• Being incompetent;
• Not being able to understand the nature of the legal proceedings because of a disability; or
• Being held in jail or prison prior to sentencing for a criminal offense.

The person must have had the disability at the time that the cause of action arose if he wants to use the condition to delay the statute of limitations. Also, if a person has more than one disability when the right to file a lawsuit accrues, all such disabilities must be removed before that person can sue or be the subject of a lawsuit.

Death

If either the person who wants to file a lawsuit or the defendant dies before filing the lawsuit, different time limits kick in that could affect the deadline. For example, if the right to sue survives the death of the plaintiff, his representatives can file a lawsuit within one year of his death, even if that date is longer than three years after the original personal injury accident.

Person in United States Military Service

A person who is in active military service for the United States has the right not to be sued for specific causes of action and in certain situations. The time during which the law prohibits you from suing this person will not count toward the three-year limit to file a personal injury lawsuit.

Judicial Proceedings

Sometimes, a statute or a court order (injunction) will prohibit anyone from filing a lawsuit against a person. When this happens, the time of prohibition will not count toward the three years.

For example, A wants to sue B for personal injuries sustained in a car crash that B caused. A judge issues an injunction that prohibits any lawsuits against B for six months. That six-month period will not count toward the three years A has to file a personal injury lawsuit.

When the Law Deems an Action Commenced

Whichever happens first, the service of summons on the defendant or the filing of the complaint, will be the point at which the law considers the action begun for purposes of cases involving tolling of the statute of limitations.

You have to file the complaint with the court within 90 days of serving the defendant if service happened first. If filing the complaint was the first thing to happen, you must get personal service or begin service by publication within 90 days of filing the complaint.

Getting Legal Help for Your Personal Injury Accident Lawsuit

You do not have to stress out about how much time you have to file your injury lawsuit or whether there is some reason that the law will extend the deadline. At Max Meyers Law, we can help you file your lawsuit after a car accident and meet any applicable deadlines to preserve your right to file a lawsuit.

Call us today at 425-399-7000 for your free consultation.

Whiplash injuries are some of the more underestimated injuries, especially because symptoms often do not appear right after the accident. It may be days before you see symptoms including pain, numbness, and stiffness in the neck and shoulder muscles. Bigger challenges may lie ahead, however, when you try to file a claim for damages after suffering whiplash from a car accident.

Should I get a lawyer for whiplash and how can I prove my pain and suffering?

It can be hard to prove a whiplash injury, but our trained attorneys can help you determine what compensation is fair for the injuries you have sustained. The claims process is a little more difficult when it comes to soft tissue injuries like whiplash because they don’t always show up in imaging tests like x-rays or MRIs. It is important to seek treatment and be direct with your doctor about your symptoms. If a lawsuit needs to be filed, having medical documentation becomes a crucial part of your case. 

What are the possible defenses to a whiplash injury claim?

You can expect the defendant’s attorney to allege that your injuries are exaggerated, do not affect your life in the manner that you claim they do, or were not the result of the accident in question at all. Therefore, you must provide strong evidence linking your whiplash injuries to the accident and establishing their impact on your life. Remember, you might find several of the defendant’s allegations bizarre and unfounded, but it is important to prepare for the following, so that you can put up a strong defense.

• Your injuries have already been treated.
• Symptoms of whiplash are often chronic and constant, and they can continue for months after the injury has occurred. However, you can expect defense lawyers to claim that most people who suffer whiplash injuries are completely healed within four to six weeks.
• The accident did not cause your injuries.
• The defendant may claim that your injuries were pre-existing and had nothing to do with the accident that you suffered.  The lawyers could even claim that you did not suffer an injury at all.
• The impact of the accident could not have caused the injury.
• Lawyers may try to claim that your accident was a low-impact accident, and therefore, could not have resulted in the kind of injuries that you are claiming compensation for.  They might claim that a low-impact accident at low speeds could not have possibly caused injuries so severe that they prevent you from going back to work. 
• You are exaggerating your symptoms
• You can also expect lawyers to come right out and say that you are exaggerating the symptoms in order to recover a higher settlement amount, or that you are lying about needing to continue treatment several months after the injury has occurred.
• Your injuries have not had a major impact.
• You can also expect defense lawyers to claim that your injuries have not had as severe an impact on your life as you claim they have.  For instance, if you are claiming diminished earning capacity because your whiplash has made it impossible for you to return to your former job, you can expect lawyers to claim that your injuries have not affected you as much as you claim. 

How do I deal with the challenges presented in my whiplash injury claim?

Your attorney must present substantial evidence linking your injury with the car accident that occurred. Medical tests, especially the results of CT scans, MRI scans, and electromyography scans can provide evidence of the existence of the injury.

Your attorney must also present evidence that clearly debunks the theory that your whiplash injuries could not have been caused in a low-speed or low-impact accident. Chronic injuries can and do occur in moderate-speed accidents.

How much compensation can I get for my whiplash injury?

The amount of your settlement payout for a whiplash injury will depend on the circumstances of your case. Each claim is different.  Do NOT accept the first settlement offer from the insurance company!  Insurance companies are notorious for “low ball” offers so they can hurry up and get your case settled. 

If you suffered whiplash in a car accident that was not your fault, Max Meyers Law can help. We will go over every detail of your claim and make sure you receive the maximum compensation. Call 425-399-7000 today to speak with an attorney about your claim.

Does the severity of my whiplash affect my payout?

Yes. Whiplash can occur on a spectrum from mild to severe. Severe cases often have higher settlements since victims experience more injury-related losses. A mild whiplash injury can heal within a few months, while severe whiplash can leave you with chronic pain and long-term impairment. If you suffered severe whiplash, you may lose the ability to do your previous job for years or longer.

Our team will evaluate the police report, witness statements, and your medical history to assess the extent of your whiplash injury. Whiplash claims can be challenging, as the insurance company and lawyer for the at-fault party may push back hard against your claim. At Max Meyers Law, we have devoted our practice to helping injured people and we are ready to face any opposition, so you do not have to.

How can a whiplash injury impact my daily life?

After a whiplash injury, you may experience a constellation of symptoms that can have a direct impact on your daily life. Stiffness in your neck can make it difficult to turn your head, limiting your ability to drive safely. Headaches can affect your cognitive abilities, directly affecting your ability to work. If you experience dizziness or lightheadedness, you may be unable to stand for periods of time, which can prevent you from doing your job.

Neck pain, muscle spasms or back pain can render you unable to lift heavy items. If you have numbness and tingling in your fingers and arms, you may be unable to type on a keyboard, resulting in your being unable to perform a desk job.

All of these effects can dramatically reduce your long-term earning potential. Lost wages and lost earning capacity are just some of the damages we will fight for in your case.

What damages should my whiplash settlement include?

Immediately after your whiplash injury, you may face costs such as:

• Ambulance and emergency room bills;
• Prescription medications;
• Medical testing and evaluations, including x-rays and other imaging;
• An initial course of treatment by a physician or chiropractor;
• Physical therapy;
• Lost wages;
• Pain and suffering; and
• Loss of services to your household; in other words, having to pay someone to perform ordinary and necessary tasks you usually did at home.

We will collect your medical bills and receipts from the hospital, ambulance service, doctor or chiropractor, pharmacy, and physical therapist. Together with records from your employer, we will generate an analysis of your short-term damages.

Your long-term damages will depend on how quickly and how well you heal from your whiplash injury. Some people only have short-term damages, while others suffer for years after the crash. Long-term damages from a whiplash injury can include:

• Ongoing medical follow-ups;
• Medical testing and evaluation, including x-rays and other imaging;
• Extensive physical therapy;
• Surgery;
• Rehabilitation services;
• Pain medications and muscle relaxants;
• Lost wages;
• Loss of earning potential;
• Disability;
• Pain and suffering;
• Depression and other mental health issues; and
• Long-term or permanent loss of services to your household.

Our team will take care of the legwork for your damages while you recover. We will gather the bills and records to establish your expenses and lost wages. We will discuss with you the ways your whiplash injury has changed your life. If necessary, we will work with vocational experts to document your lost earning potential and disability. We will build your case for the best possible settlement under your circumstances.

We negotiate directly with the insurance company, so you do not have to. You do not need any extra hassle and stress on top of your physical pain and discomfort.

If you have suffered whiplash injuries from a car accident, you may qualify for compensation for your medical expenses, lost income, and other losses. Discuss how you can establish liability by discussing your case with a car accident lawyer. Call 425-399-7000 to speak with one of our car accident attorneys and identify all of the parties liable in your claim. Schedule a consultation with a legal professional at Max Meyers Law PLLC today.

When you sustain a serious injury, the bills start mounting rapidly. Even relatively minor injuries can result in thousands of dollars in medical bills. Severe and catastrophic injuries can mean tens to hundreds of thousands of dollars. You will also probably have to take time off work to recuperate from your injuries, placing additional stress on your finances.

You can recover your medical expenses and other losses with a personal injury claim, but it could be some time before your case concludes and you get your settlement check or award. Some cases take a couple of months, while more complicated cases could take years. Bill collectors are quick to start hounding you for payment. Learn how to pay medical bills before your personal injury claim settles here.

Out-of-Pocket

If you have funds assessable in savings or liquid investments, you can opt to pay for your medical expenses outright. You can simply replace the assets when your case settles and recover your losses.

Remember to keep a record of all the payments you have made and share the information with your lawyer. Bills and receipts will serve as proof of your financial losses for the insurer or court.

Personal Injury Protection Coverage

Most people do not have the cash or savings to pay for all their medical bills. However, if you have Personal Injury Protection (PIP) coverage on your auto policy, you can file a PIP claim to cover your medical bills until your accident case settles. PIP covers the medical bills and a portion of lost wages for you and your passengers, regardless of who was at fault.

Check your policy, or speak with your insurance agent or attorney to see if you have PIP and what your policy limits are. PIP policies range from $10,000 to $35,000.

If you do not carry PIP coverage, but you live with a family member who does, you can use his/her coverage to cover your injuries.

Note: If you use your PIP and you win your personal injury case against the other driver (defendant), the defendant is not off the hook. The defendant or his/her insurer will reimburse your insurer for the PIP payments it made on your behalf.

Health Insurance

If you carry private or employer-sponsored health insurance, you can use it to cover your needs until you get your settlement award. You might still have to pay for your deductibles out-of-pocket.

Keep in mind, though, that when your injuries are the result of another party’s negligence and you win a personal injury case against that party (the defendant), your health insurance company will likely seek reimbursement for all the payments it made on your behalf. This is called subrogation. The idea is that because the defendant caused your injuries, s/he should be ultimately responsible for paying for your medical bills, not your health insurance company.

So, if your health insurance company paid for $10,000 in medical care for your accident injuries, it will seek recovery for $10,000 when you win your case. Our team can explain how this process works and help you protect your settlement from insurance companies.

Agreement with Medical Provider

Sometimes, medical providers will be open to working out a deal with patients and hold off on billing until a personal injury claim settles.

Max Meyers will be happy to talk to your doctor’s office about your case and inquire about an agreement.

Pre-settlement Funding

As a last resort, you may elect to apply for pre-settlement funding from a private lender. Pre-settlement funding (also referred to as lawsuit loans), is essentially an advance on your personal injury claim settlement. It can help you stay financially afloat and pay your bills until your check arrives.

The downside to this type of loan is that the interest rates are typically very high. Lenders take a substantial risk with borrowers because they are counting on the case to settle in the borrower’s favor. The high-interest rate is proportionate to their risk.

For more information about personal injury claims or for a free consultation with an injury lawyer in Washington, call Max Meyers Law today at 425-399-7000.

You have just received your personal injury settlement offer. Do you accept it and settle or go to trial? You need to consider many factors when making that decision. Even if you believe it is enough to cover all your expenses, run it by a personal injury lawyer from Max Meyers Law PLLC before accepting.

What factors should I consider?

While there is no easy formula to decide what settlement offer to accept or decline, there are many factors that you need to consider when evaluating an offer. These include:

• The prognosis for your recovery: Has your doctor been able to give you a close idea of what the extent of your injuries are?
• The likely long-term costs and care that will be required: Are there any complications from your injuries that require ongoing care?
• Lost wages: Did you consider past, present, and future lost wages?
• Lost opportunities and non-medical costs: Have you considered these and landed on a tangible amount?
• Pain and suffering: Did you consider the emotional effect your injuries have had on you and your family?                                                  

Answering these questions should lead you to a minimum acceptable settlement. Keep in mind that the goal of a settlement is not to punish the responsible party, but to help make you whole again. Always check with a lawyer before signing anything; he can help ensure you considered everything.

Risks and Rewards of Taking Your Case to Trial

While a settlement is a guaranteed resolution of claims, going to trial is a gamble. And as with every gamble, there are significant risks and rewards.

Settling means that the case comes to an end and parties release each other from future or further claims. This may be an appealing option because it provides a guaranteed amount of money much sooner than a trial. Just remember that accepting a settlement means that you cannot go back later and ask for more money if there are complications you did not consider.

When considering taking your case to trial, there are a few factors you need to take into account:

• How much risk are you willing to take? In other words, even if the potential for a greater recovery exists after a trial, is the stress and waiting worth it to you? Can you wait or are you in dire financial straits?
• Is the settlement offer reasonable and fair? The insurance company regularly offers a low figure in hopes that you will not consider everything listed above and just accept the offer. Remember that a trial costs both parties, but you may receive a much higher payout if you take the risk. Run the offer by a lawyer before signing.
• Is the insurer attempting to blame you for your injuries? Is the insurer refusing to pay because it says you were at fault for your injuries? If so, trial might be your best option.
• What is the likelihood of future problems that may not be known yet? Did you fully consider all costs and potential complications?

If you think that all of this sounds rather overwhelming, you are not wrong. That is why leaving the negotiation of a settlement and potential lawsuit is best left to a professional. Remember to never sign anything before running it by a lawyer. Contact Max Meyers Law PLLC for help today at 425-399-7000.