Archive for month: January, 2019

Being adequately compensated for damages following an accident in the state of Washington can be a daunting task for the typical injured accident victim. All insurance company claims adjusters are trained to spot when they can settle a claim with the injured party personally without dealing with a lawyer. Company representatives can be very helpful at the beginning of the process to have a company claims agent deny a claim or make a significantly lower offer than the actual injury value. They are not obligated to the claimant beyond paying damages, as their primary obligation is to protect their client and the company. Any Vancouver personal injury attorney understands this dilemma for injured victims, and they always advise to not sign anything until discussing the claim with an experienced accident attorney because the case could be much more valuable than realized.

Washington Comparative Negligence Law

Fault is still central to all auto accidents in Washington, as the state is not one of the several no-fault car insurance states across the nation. This means that unless all drivers involved in a crash carry insurance with the same provider, the respondent insurance company will be unfamiliar to the claimant. Not knowing who you are dealing with in an accident claim can be a challenging situation for the standard injured victim, and having an experienced Vancouver personal injury attorney means you have a trained professional negotiator ensuring that all of your legal rights to compensation are being enforced.

How Contributory Fault Impacts Your Settlement

The only injured drivers in a Washington auto accident who cannot be compensated for injuries and property damage are those who are 100% at fault for the crash. Even an injured driver with 99% fault percentage can receive 1% of their total damages. This is known as pure comparative fault law. The problem is that this law is typically what the insurance claims agents use to attempt to lessen the value of the claim by increasing the fault level of the claimant driver. This is by no means a scientific process, and details can make a significant difference, such as when drivers can be proven to be using their cell phone while in transit. Your Vancouver personal injury attorney can investigate the accident for case particulars and use the evidence when settling the case for a maximum value, including ongoing pain-and-suffering general damages. This usually the most critical component of an accident settlement, and you only have one opportunity in court for most cases, which makes it vital to have solid legal representation.