We provide answers to frequently asked questions concerning Washington personal injury law for your convenience. The contents of this website are general information and never a substitute for legal advice.  For information about your circumstances contact us for a free personal injury case evaluation.

General Personal Injury Questions

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How do I choose a pesonal injury attorney?

There are a lot of us out there. Here are some factors you might consider when choosing a personal injury attorney.

  • Is the attorney independently rated?
  • What do colleagues and/or former clients say? Does the attorney have endorsements?
  • Understand the fee contract. What about "Mahler" fees? What if a court awards fees, such as if a case is appealed from Mandatory Arbitration? Who gets that money?
  • Avoid a bait and switch. Who will actually be negotiating with insurance companies? A junior associate? A non-attorney assistant. Who will be there with you if the case goes to court? The attorney you met, or a less experienced associate?
  • How does the attorney present? If there are videos of the attorney online, does the attorney have a natural conversational speaking style? Does the attorney bore the audience with "um" and "ah" filler words? Public speaking is an important skill for a trial lawyer, and requires a lot of practice. Pick an attorney you think is good at it.

 

Do I need an attorney?

To you, you are just asking for what is fair for your personal injury claim.

To an insurance company, your personal injury claim is a business expense and nothing more.

A former insurance adjuster for a major insurance company was quoted in the Wall Street Journal as saying “I ripped off a lot of people and I feel bad about that….My goal at the time was to save [the insurance company] money, not settle claims for what the case was worth.”

From the very first moment they work on a claim the goal of the insurance adjuster is to find ways to minimize the amount the company will pay for your personal injury claim, zero being optimum. That is what the adjuster is trained to do and paid to do.

You have a lot to lose by not seeking the advice of a personal injury attorney, and nothing to lose by getting a free personal injury case evaluation.

The at fault insurance company wants me to authorize them to obtain my medical records. Should I sign this? Do I have to give them this information?

No. Do not sign a medical records authorization without consulting with an attorney. The insurance company will use this to dig through your medical history to find any excuse to lower or deny your personal injury claim, even thing that are simply embarrassing and/or have nothing to do with the injury claim.

Motor Vehicle Accident/Car Accident

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Does the at fault person’s insurance company pay my medical bills while the case is pending?

No.

The at fault insurance company will not pay medical bills while the case is pending. They will pay one lump sum for medical expenses, lost wages, and pain and suffering. There may be an exception if you were injured as a pedestrian.

You are responsible for your medical bills unless and until the at fault party’s insurance company settles the claim. If the insurance company denies the claim or makes an offer that is just too low you will have to sue the at fault party.

In the meantime your medical bill might be covered by Personal Injury Protection (PIP). This is coverage on an auto policy that pays medical bills incurred as the result of an accident. Unless you waived this you have $10,000 in coverage. If you were injured as a pedestrian and the driver has PIP coverage then the PIP coverage extends to you.

If you do not have PIP or your own health insurance then you will be responsible for all medical bills. You may need to seek a payment plan or ask if they will accept a lien on your personal injury claim.

If your medical bills are paid through insurance provided through employment then federal law known as ERISA applies. This law may work serious consequences to your rights and ability to recover monetary compensation for your personal injury claim.

These issues can get quite complicated. This is general information and not a substitute for legal advice. Contact us about a free personal injury case evaluation.

What about the property damage to my car?

Get you own estimates. Many people accept a property damage offer only to find that it will not fully cover repair to their vehicle. If an insurance company offers an amount differing from your estimates they must fully disclose the reason or reasons for the difference and must thoroughly document the circumstances in the claim file.

An insurer is required to repair the vehicle to pre-accident condition and to make a good faith effort to honor a claimant’s request to have their vehicle repaired at their shop of choice.

If your insurance company pays you and then pursues a property damage claim against  the other driver's insurance company, your  insurance company must keep you reasonably informed. This means that the insurer must contact you within sixty days after the start of the subrogation process, and no less frequently than every one hundred eighty days until the insured's interest is resolved.

There have been at least two important appellate court decisions recently in Washington concerning property damage issues.

Having said all that, usually if fault is not contested the property damage claim is settled while the injury claim is pending.

The other driver was cited by police. Doesn’t that mean he is automatically responsible? Or: I was cited by police. Doesn’t that mean that I have no claim?

Although an important consideration, law enforcement citation at the scene does not end the inquiry as to fault.

Law enforcement is trying to determine if a traffic rule was violated, not whether or which party or parties were negligent. Law enforcement officers are not judges, and do not have the final say on any legal issues. And, fault may be apportioned between the parties in any percentage that adds up to 100 regardless of whether any or none of the parties were cited for violations of the rules of the road.

So, it is erroneous to assume that the outcome of a personal injury case has been determined once an officer cites one of the drivers.