1. Home
  2. Legal Resources
  3. Personal Injury Law

Basic aspects of a personal injury claim

What are some basic aspects of a personal injury lawsuit?

When someone has been seriously injured or killed in a vehicle accident, a lawsuit is often filed to protect the rights of the injured party. Since the law can be difficult to understand, and since a personal injury lawsuit can be complicated, here is information to provide a basic understanding of the process and terminology.

What is a personal injury case?

A personal injury case is a legal dispute that begins when one person suffers harm due to the actions of someone else. Sometimes the dispute is settled prior to the launch of a formal lawsuit. Other times, a suit is filed if the parties involved cannot agree to an insurance settlement.

What is an insurance settlement?

An insurance settlement is the payment from an insurance company to the insured to settle an insurance claim within the guidelines determined within the insurance policy.

How does an insurance policy affect a personal injury claim?

When someone is injured in an accident, the insurance policy of the at-fault driver is required to pay for the person's injuries, including the cost of medical treatment and surgery, rehabilitation, lost work and wages, damaged property, and other costs. An insurance policy will only pay to the limit of its value, known as the policy limit. Even if the injured person's medical bills total $50,000 but the insurance policy limit is $25,000, then only $25,000 is available in insurance coverage. The injured person's own insurance policy also can pay towards that person's recovery. Go to this link for more comprehensive information on insurance policies.

What are damages?

In a personal injury case, money damages are paid to the injured person by the person or their insurance company, who is determined to be at fault for the accident or injury. A damage award is agreed upon during a negotiated settlement, or during a court trial.

What are statutes of limitations?

Statutes of limitations are written laws that restrict the maximum time after an event that legal proceedings can be initiated. Once this period of time has passed, a claim can no longer be filed.

It is important to know the statute of limitations in the state that an accident or injury occurred, and that the resulting legal claim be filed within the timeframe allowed, to ensure that an injured victim's rights are maintained.

Go to this link to see the statute of limitations in each state.

How will an injury attorney help with an insurance claim?

An experienced personal injury attorney helps by overseeing all aspects of the insurance claim process so that the injured person can focus on healing and getting life back on track. A lawyer handles all stages of the claim from gathering information and handling correspondence with all involved parties, to negotiating a full settlement. Since it typically costs nothing initially to consult with an attorney, the decision to bring a lawyer onboard is an easy one to make.

 
Displaying 26 - 6 of 6
Everett-Bellingham WA
Pedestrian vs. Driver - who's at fault?

Pedestrian vs. Driver - who's at fault?

It’s unavoidable that motor vehicles and those on foot have to share the same roads sometimes. Almost every time that a collision occurs between them, the pedestrian receives far more damage – and sometimes dies – while the driver is unhurt. However, does this mean that it’s the driver who is also usually at fault? Sometimes it’s very clear who is at fault, such as in cases that involve drunk or distracted driving, or other illegal behaviors. Other times, it’s not so cut and dried. So how is fault determined in car accidents with pedestrians? Several factors come into play.

Everett-Bellingham WA
When a train is involved, Bellingham wrecks usually have catastrophic results

When a train is involved, Bellingham wrecks usually have catastrophic results

Here in Bellingham and all through Whatcom and Skagit Counties, we share space with trains. Unfortunately, accidents happen. Sometimes it’s a defect in the track. Other times, equipment failure. Sometimes a crash is due to a driver’s error. Railroad companies will hire a team of private investigators to assess train crossing accidents, and are ready to employ them at the scene of any accident. Because of the nature of these collisions, the unfortunate fact is that most train accidents have tragic results. It may be that you must file a wrongful death lawsuit in order to receive money the train company does not want to pay. Depending on the circumstances of your case, you may be eligible to receive a significant settlement for the both economic and non-economic damages. It’s an enormous challenge to have to advocate for yourself or your loved ones after such a crisis, and the last things you need after this kind of accident are long negotiations and battles with the railroad company. If you are involved in an accident between a car and a train, you may want to discuss your legal options with a lawyer before trying to fight the railroad companies alone.

Everett-Bellingham WA
Passengers injured in a car accident have unique concerns about recovery

Passengers injured in a car accident have unique concerns about recovery

Every time motorists accept a passenger into their vehicle, they form an upspoken agreement that they’ll both do what it takes to make the drive a safe one. Yet it is the driver’s ultimate responsibility to maintain the passenger’s well-being as long as that person is a passenger. Reckless, negligent driving – including drunk, drugged, or distracted driving – puts everyone in danger, especially those who are not in the driver’s seat. In case of an accident those behaviors cause or contribute to, the passenger retains the right to hold the driver liable for damages and losses that result. Injured in a car accident in which you were the passenger? Click for more information.

Everett-Bellingham WA
Who pays after a car accident?

Who pays after a car accident?

What happens if the at fault driver doesn't have enough insurance? In many states including Washington, all motorists are offered underinsured or uninsured motorist protection by their insurance company. So if the at fault driver doesn't have enough money to pay a full, fair settlement, you can turn to this part of your policy to file your claim.  However, there are rules and special circumstances that may apply so it's best to talk to a lawyer before you file an uninsured or underinsured motorist claim. Click this video link to learn more about who pays after a car accident.

Everett-Bellingham WA
I was the passenger in a car accident, what do I do?

I was the passenger in a car accident, what do I do?

Every time motorists accept a passenger into their vehicle, they form an upspoken agreement that they’ll both do what it takes to make the drive a safe one. Yet it is the driver’s ultimate responsibility to maintain the passenger’s well-being as long as that person is a passenger. Reckless, negligent driving – including drunk, drugged, or distracted driving – puts everyone in danger, especially those who are not in the driver’s seat. In case of an accident those behaviors cause or contribute to, the passenger retains the right to hold the driver liable for damages and losses that result.Click to learn more about car accidents in which the passenger was hurt.