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(link is external) 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.

 
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Everett-Bellingham WA

Does size matter? In car v. semi crashes like this one, yes it does(link is external)

A recent catastrophic accident involving two semi tractor trailers and six cars or pickup trucks showed how clearly large trucks have the advantage in an accident. However, does this mean cars are always going to lose in accidents with bigger vehicles? Increasingly, materials and engineering have leveled the field. Read more from Bill Coats Law in Bellingham, WA about top safety ratings for cars(link is external)

Everett-Bellingham WA

Things not to say if you're pulled over for distracted driving(link is external)

In the State of Washington, you can be pulled over if an officer thinks you're driving while distracted - even if you are doing everything else right. This is because this behavior is so incredibly dangerous - as much if not more so as driving drunk. For recent research on how risky distracted driving(link is external) is and what not to say if you're busted for it, click here.

Everett-Bellingham WA

An often-overlooked key to winning settlements in personal injury cases(link is external)

Negotiation, strategy, experience and skill - all of these qualities make a personal injury claim reach a successful verdict or settlement. But here is one key aspect that can easily be overlooked by personal injury attorneys working with injured people. Bill Coats Law, of Bellingham, Washington, is the top car accident law(link is external) firm in the fourth corner and writes on this basic human quality that wins cases.

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Do you protect this most precious asset while on the water? Probably not(link is external)

Life jackets on a boat are a must for safety, but unlike riding a bike, no boater would think to don a helmet on the water. So often all that separates our brains from serious injury with a hard object is our skull. If you've been hit in the head and are experiencing symptoms of TBI, seek a doctor's help immediately. To recognize the symptoms of Traumatic Brain Injury(link is external), click here.

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What is PIP and how does it work? [VIDEO](link is external)

Many industries have a litany of acronyms and insurance is no exception. If you've been in a car accident, PIP might be a new one for you. It stands for Personal Injury Protection and will be a key piece to your peace of mind. For an explanation of what PIP is and how it works(link is external), click to watch this video by Bill Coats Law in Bellingham, WA. 

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Tips on proving wage loss to an insurance adjuster (link is external)

Talking with an insurance adjuster can be difficult at any time during the claims process, but all the more so when an injured person is feeling the stress from lost wages. Here are some thoughts from Bill Coats Law in Bellingham, WA on what's at stake and what an insurance adjuster will require in paying lost wage claims(link is external)

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Every auto insurance policy should have this kind of protection(link is external)

It's called uninsured/underinsured motorist protection, and all policies in Washington state are by law supposed to include it unless the policy holder specifically opts out. If your injuries and losses are more expensive than the at-fault driver's policy can cover, it's a critical part of your financial recovery after a car accident(link is external). Click to learn more.

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Here's one rule you need to be aware of before you settle your claim(link is external)

There are lots of elements of a car accident claim that come into play when you try to file one. Some of them are obvious, and others are just big surprises. Attorney Bill Coats in Bellingham, Washington created this video to talk about one rule that could completely negate your claim if you exercise your right to file an uninsured/underinsured motorist claim(link is external). Be clear on your rights and responsibilities before you sign anything, and watch this video to learn more.

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Accident victims need answers. Bill Coats Law's YouTube channel provides them.(link is external)

After an automobile accident, it's natural to feel overwhelmed and uncertain about what happens next. Bill Coats Law, in Bellingham Washington, has put together a YouTube Channel to answer some common question in hopes to help accident victims start on the right path to full financial recovery. Click here to get the answers(link is external) you need.

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Questions about personal injury law? Find the answers on this YouTube channel(link is external)

After an automobile accident, it's natural to feel overwhelmed and uncertain about what happens next. Bill Coats Law(link is external), in Bellingham Washington, has put together a YouTube Channel to answer some common question in hopes to help accident victims start on the right path to full financial recovery. Click here to get the answers you need.

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A little known fact on reimbursing your health insurer after your claim is paid(link is external)

It often comes as a surprise to personal injury victims that after their insurance claim has settled, they may be writing a big check to their health insurance company. I created this video from my blog to talk about the process of reimbursing your health insurance company after your personal injury claim settles(link is external) and what you need to know.

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5 Tips for the first conversation with the insurance adjuster after a car accident(link is external)

Many accident victims are nervous about their first contact with the insurance company’s adjuster, and justifiably so. Assuming anyone who was recently in a car wreck is dealing with injuries and emotional stress that come from a traumatizing event, it’s hard to think clearly through a claim negotiation. Here are some tips for that first contact with the insurance adjuster(link is external) to help you advocate for yourself or a loved one and set the stage for financial recovery instead of further anxiety and financial stress.  

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Pedestrian vs. Driver - who's at fault?(link is external)

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(link is external)? Several factors come into play.