Personal Injury

Being hurt by the negligence of someone else is considered a personal injury.

A personal injury claim is a claim that’s asserted against an individual or entity that through negligence caused harm to a person.

There are no set guidelines on how long a personal injury claim can take. The more contested the case is, the longer it takes. Every case is different, and there are so many variables and moving parts there’s just no way to predict when a case will end.

Yes, personal injury cases do go to trial. When the parties can not agree on value and/or responsibility, cases will go to trial.

Yes, emotional distress is considered a personal injury.

To calculate a personal injury settlement, damages are assessed by both sides. Every case is different, but factors that come into play include:

• How the injury occurred, the injury itself, treatment, and period of incapacity
• A permanent injury would include future general damages and special damages if applicable
• General Damages (also known as non-economic damages) include the nature and extent of the injury,
  • Disability, disfigurement, loss of enjoyment of life
  • Pain, and suffering, both mental and physical
  • Inconvenience
  • Mental anguish
  • Disability or disfigurement
  • Emotional distress
  • Loss of society and companionship
  • Loss of consortium
  • Impact on personal and professional activities
• Special Damages, such as medical expenses, lost earnings, property damages, and other damages that have a specific known value.

A personal injury lawyer typically works on a contingency fee basis. No attorney fees are charged unless a recovery is made. The fee should be disclosed in the contract you sign with your lawyer.

Yes, it is worth hiring a personal injury attorney. Without an attorney, the insurance company has an unfair advantage. Your personal injury attorney will know the benefits you’re entitled to now and what damages you can fight for.

You should choose a personal injury lawyer based on:

• Compatibility – somebody you can relate to and get along with
• Experience – do they have trial experience?
• Communication – you want your calls and emails returned, and to be kept apprised of the status of your case.
• Reputation – find a lawyer with a good reputation
• References and/or referrals if you can get them

You should file a personal injury claim as soon as you realize that you’ve been injured by the negligence of another.

It depends. Most cases do settle, it’s more about whether the offer is fair. Talk to your lawyer about the pros and cons of settling. A settlement is a compromise, after weighing the costs of going forward, the uncertainty of what a jury will decide, and the likelihood of achieving a larger settlement or verdict. Ultimately, it’s your decision.

Yes, in some cases, you can claim personal injury even if it’s your fault. Fault is relative and would have to be defined. Your fault must be proven by the other side. The jury would then assess the percentage of fault of all parties and nonparties that played a role in the incident.

Washington is a pure comparative fault state. Any percentage of fault of the plaintiff reduces the plaintiff’s recovery of damages. If a plaintiff were 50% at fault and the jury rendered a verdict of $100,000.00, recovery would be limited to $50,000.00. See RCW 4.22.005. In some states, for example, Idaho, if a plaintiff is 50% at fault or more they would recover nothing. See Idaho Code Section 6-801.

As always, exceptions apply, so contact a lawyer.

Yes, illegal immigrants can sue for personal injury. There is no citizenship requirement for filing a personal injury claim.

Yes, you can sue the city for personal injury. Similar to suing an individual, you’ll need to prove negligence.

Yes, you can sue your spouse for personal injury. For example, if your spouse is at fault for a vehicle accident, and you were a passenger in the vehicle, you may have a claim against your spouse, which would be presented to the auto insurance company.

After a deposition, the court reporter types up a transcript of the testimony and sends it to the opposing counsel. One or both sides may learn facts helpful to their case. What happens next will depend on what was learned. The information will be used at trial or in settlement discussions.

Unlike a criminal case, a pretrial hearing in a personal injury case could involve any number of topics, from compelling answers to written questions to establishing the liability of the defendant.

A lien in a personal injury case is an amount owed from the settlement or verdict. An example would be medical bills paid for by Medicare which must be reimbursed out of the settlement or verdict to Medicare.

Mediation is a method of dispute resolution where the parties jointly agree to a neutral party working with them to achieve the settlement of the case. In a typical mediation, the mediator works with each side separately and communicates positions, arguments, and eventually settlement offers.

Special damages in a personal injury case are damages that have a specific and known dollar value, such as the total medical bill for a surgery, the total lost wages for time missed from work, or the repair estimate for a damaged vehicle. As opposed to general damages which have no fixed standard of value. For example, the nature and extent of a brain injury does not have a fixed or known value.

In Washington, the statute of limitations for a personal injury case is three years for most situations (RCW 4.16.080(2)). It’s best to pursue the case as soon as possible. There are always exceptions and special circumstances that may apply.

For claims against the Federal Government, The Federal Tort Claims Act requires a notice of claim be submitted no later than 2 years after the incident, and then a lawsuit must be filed within 6 months of the claim denial. If you decide to pursue a claim, you should do so as soon as possible.

Generally, the Internal Revenue Code, § 104(a)(2) excludes from your gross income, the damages (other than punitive damages) received on account of personal injury or sickness. You should talk with your tax advisor regarding the taxability of any settlement.