If you’ve been injured in an accident due to someone else’s negligence, you may be eligible to file a personal injury claim in Washington. Filing a personal injury claim requires certain procedures and evidence. The sections below explain the steps you must take before you initiate legal action.
What is a Personal Injury Claim?
A personal injury claim is a legal cause of action that arises when a party suffers an injury or harm due to another party’s negligence.
The most common types of personal injury incidents in Washington State include:
- Car Accidents
- Motorcycle Accidents
- Truck Accidents
- Slip and Fall Accidents
- Workplace Injuries
- Medical Malpractice
- Wrongful Death Claims
A successful personal injury claim provides compensation for your economic and non-economic losses after an accident. These damages can help cover all of your financial and personal damages, including medical bills, lost wages, pain and suffering, and other damages.
Steps to Filing a Personal Injury Claim in Washington State
There are many steps involved in filing a personal injury claim. If you plan to commence a lawsuit, you should:
Seek Medical Attention
Your health and safety have to be your first priority. If you are injured, seek medical care immediately. This step protects your health, provides a record of your medical care, and prevents accusations that you failed to mitigate your damages.
Consult a Washington Personal Injury Attorney
Before you speak with insurance companies or sign any documents, you should consult with an experienced personal injury attorney. A skilled lawyer can protect your rights and help you navigate each stage of your claim. They can also handle all communications and negotiations with the defendant and help you avoid mistakes that could hurt your case.
Notify the Liable Party of Your Claim
Once you retain an attorney, they will notify the at-fault party or their insurance company that you intend to pursue an injury claim. This formal notice begins the claims process. Importantly, you should avoid giving recorded statements to the other party’s insurer without legal advice. Such statements can be taken out of context and used to minimize or deny your claim.
Gather Evidence of the Other Party’s Negligence
Your lawyer will investigate the accident to gather different types of evidence for your claim. They may obtain:
- Medical Records detailing your diagnosis, treatment, and prognosis
- Police or accident reports
- Photos or videos related to the incident
- Witness statements
- Expert testimony
This step will also help identify whether there are additional parties that share liability for your losses.
File a Demand Letter
After your medical condition stabilizes and your attorney has gathered sufficient evidence, your lawyer will send a demand letter to the liable party. This document will explain how the accident occurred, describe your injuries/treatment, and demand a specific amount of compensation.
The insurance company will review the demand and respond with acceptance, a counteroffer, or a denial.
Negotiate a Settlement
Most personal injury claims resolve through settlement. Your attorney will attempt to negotiate a settlement agreement that reflects the full extent of your losses.
File a Washington Personal Injury Lawsuit
If negotiations fail, you may need to file a lawsuit to recover full compensation for your claim. This may be necessary if the insurance company denies your claim or offers less than its total value.
Contact An Experienced Washington Personal Injury Lawyer for Help
Washington generally imposes a three-year statute of limitations for personal injury claims. Therefore, you should get started on your claim as soon as possible. Contact Darrell Cochran Personal Injury Lawyer to schedule a free consultation to learn more about the personal injury claims process after an accident.