Getting personal injury help in Washington starts by contacting an attorney. A lawyer can review your case to determine whether you qualify for compensation under Washington's personal injury statutes.
From a slip and fall incident to experiencing the aftermath of an auto accident, your personal injury attorney helps you collect and organize the evidence you need to present a persuasive claim in front of a civil court judge. Most personal injury claims end up settling before a trial, which means you want a lawyer who before they reach the trial stage.
How Do I File a Claim in Washington?
Filing a personal injury claim in Washington requires you to file the claim in the proper court. You first serve a summons and a copy of your complaint to the defendant, which the defendant must answer within a certain period.
Both parties have the right to ask for preliminary orders to resolve any legal issues. Then, the discovery stage of the claim process begins, with both parties receiving the same information that pertains to every legal issue surrounding the case. The discovery stage of a personal injury claim allows both parties to interview witnesses to obtain sworn testimony that can be used during a civil court trial.
All personal injury claims in Washington worth less than $5,000 are eligible to be settled in small claims court.
What is the Statute of Limitations in Washington?
Filing a Washington personal injury claim requires you to meet a few deadlines. The most important deadline is called the statute of limitations, which ensures you get Washington personal injury help in a timely manner.
You have three years from the date of your injuries to submit a claim for financial assistance. Copy of a medical bill or law enforcement report can confirm the date when you receive your injuries. If you fail to meet the filing deadline, the court clerk has the right to dismiss your claim. This means you lose your right to receive just compensation for the negligence caused by another party.
How Do I Prove Negligence in Washington?
Each state has established standards for proving negligence in personal injury cases. Many states implement a standard called comparative negligence, which assigns blame for a personal injury according to the percentage each party assumes for causing the personal injuries.
Washington operates on a pure comparative negligence model, which is the same model imposed by a majority of states. For example, if you recover $20,000 in monetary damages, but the judge overseeing your lawsuit determines that you were 40 percent responsible for the incident that caused you harm, then you only qualify to gain $12,000 (60 percent) in financial assistance.
What Kind of Compensation Can I Receive in Washington?
Most states limit the amount of money awarded in personal injury cases. Washington is not one of those states, as there is not a limit for the monetary damages awarded to help plaintiffs recover the costs associated with suffering one or more injuries.
You have the right to receive full compensation for medical expenses, lost wages, and property damage. Unlimited monetary awards in Washington also cover the costs associated with pain and suffering. Washington courts have ruled repeatedly that placing monetary limits on damages is unconstitutional.
How Do I Get Personal Injury Help in Washington?
Personal injury cases represent one of the most complex types of litigation. Because of the complexity of your claim, you should contact a personal injury attorney early in the claim filing process.
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