Car accidents are frightening, traumatic experiences. First, there’s the terror of the crash, the pain and distress of medical procedures, and finally, the stress of a car accident claim to recover your injury-related damages. You’ve likely heard that some car accident victims hire a trusted Washington personal injury law firm for their car accident claim process, but how do you know if you need one?
Under RCW 4.22.005-4.22-070, Washington defines the requirements and process of a claim for compensatory damages after an accident or injury.
When considering whether to hire a trusted Arlington car accident lawyer, there are several factors to consider, particularly the complexity of your case.
How Clear Is the Cause of the Accident, and Who Caused It?
Washington’s pure comparative negligence system allows a car accident victim to recover a portion of their total damages even if they are partly at fault for their accident, but the insurance company paying the claim subtracts the injury victim’s percentage of fault from the total amount of the claim. The state’s system of contributory fault benefits a car accident victim who contributed to the accident by allowing them to recover some of their losses, but it also provides the insurance company a strong financial incentive to assign undue fault to an injury victim, especially one with a substantial claim.
If it’s completely clear that someone else is responsible for your accident, for example, because the at-fault driver ran through a red light, then you may be able to recover the full value of your losses up to the limits of the at-fault party’s insurance policy without legal representation. However, if there is any question of fault, or if more than one party contributed to the accident, a car accident lawyer protects your best interests throughout the investigation and negotiations, making maximizing your compensation their highest priority.
Do Your Damages Far Exceed the At-Fault Party’s Insurance Limits?
If a car accident leaves you with substantial damages that exceed the responsible party’s insurance limits, then an experienced Washington car accident lawyer will pursue all available options to maximize your financial recovery so you can focus on your physical recovery. Depending on the circumstances of your accident, an experienced car accident attorney may pursue additional avenues of compensation, such as the following:
- If any other party contributed to the cause of the accident or the severity of your injuries, such as a negligent road maintenance agency or the manufacturer of a defective airbag, they may be held liable for their percentage of fault under contributory negligence
- File an additional claim against your uninsured/underinsured motorist policy if you carry this beneficial additional insurance
- File a personal injury lawsuit against the responsible party if they have sufficient assets or an umbrella insurance policy
In addition, an attorney will make a compelling claim by investigating the details of the accident to prove the at-fault party’s full liability and send a policy limit demand to the insurer to recover the full amount of compensation available to you.
An Attorney Maximizes Your Recoverable Damages In a Washington Car Accident Claim
An experienced Washington car accident lawyer carefully calculates your damages, including all economic damages, like medical expenses, future medical expenses, out-of-pocket costs, and lost earnings. Then, they consult with medical experts to determine the full impact of the injury and use a formula to calculate compensation for intangible damages, such as pain, suffering, and catastrophic injury.
A Washington car accident attorney helps you to recover the full value of your damages at no upfront cost to you. Instead, contingency-based payment allows a car accident lawyer to assertively represent your best interests throughout the process, typically resulting in a greater amount of compensation than you would have recovered even after subtracting their fees. Contact Wells Trumbull today for a free consultation.