Washington Car Accident Lawsuit
When Does it Make Sense to File a Washington Car Accident Lawsuit?
Knowing when you should file a lawsuit after an accident isn’t always easy or straightforward. For minor accidents with minimal injuries and expenses, a lawsuit may not be necessary. On the other hand, if you have serious injuries and medical bills that affect you over the long term, filing may help you get more compensation.
The best way to know if a lawsuit is a good choice is to talk to a lawyer. Lawyers specializing in car accident cases can give you the best advice about starting a lawsuit. They may advise a lawsuit if the insurance company isn’t offering you enough compensation, for instance. Another reason to file is if the injuries prevent you from working and earning as much as you did before the accident.
Is There a Time Limit on Filing?
Yes, the time limit on filing a lawsuit is known as the statute of limitations. In Washington, you have three years from the time of the accident to file. If the negligent party is a government employee on duty at the time, you will have to follow a different procedure and timeline.
What Are the Steps in a Car Accident Lawsuit?
If you’re thinking of going ahead with a Washington car accident lawsuit, it helps to understand the process. A civil lawsuit generally follows the same steps in every state. Your lawyer will guide you through them, which may include all or some of the following:
- Filing the complaint
A complaint is the official start to a lawsuit. It contains notifications for the defendants and an outline of your allegations, and what you’re seeking. Your lawyer will file it with the correct Washington court. - Investigating and building a case
The complaint triggers a discovery period during which both sides begin building their case. Your lawyer will investigate the accident, relying on experts and witnesses to show negligence and liability. - Getting a settlement pre-trial
If possible, your lawyer will get you a settlement instead of going to trial. It’s faster and will get you compensation sooner. Most defendants are willing to settle, and many lawsuits end here. - Going to trial for a jury award
Negotiations for a settlement are not always successful. If not, you can take your case to trial and seek a jury verdict. The jury listens to testimony and considers evidence before deciding if the defendants owe you damages. - Appealing or fighting an appeal
You may need to fight an appeal if the defendants seek to have a jury verdict overturned. This takes your case to a higher court. Your lawyer will once again make your case, this time to a judge.
What Do I Need to Prove My Case?
Your lawyer will be able to explain what is needed to prove negligence and that the defendants are liable and owe you damages. In general, you need to prove that the other driver, or sometimes another third party, acted in a way that breached a legal duty to behave in a certain responsible manner.
For instance, if the other driver ran a red light, that action can be considered negligent. Your lawyer will then need to show that by running a red light, the driver caused your accident, which resulted in injuries and monetary damages.
How easy it is to prove your case depends on individual factors. Your lawyer may need things like witness testimony, expert testimony, physical evidence of the accident, and your medical records and bills to make the case.
How Much Can I Recover in Damages?
When your lawyer investigates your case and builds evidence, they will be able to give you a reasonable estimate of what you may recover. This is based on individual factors. To estimate damages, your lawyer will consider the severity of your injuries, your medical bills, emotional trauma or suffering, permanent disabilities, and how the injuries impact your ability to work.
Examples of Washington Car Accident Lawsuits
Examples of lawsuits from the state can give you an idea of the possible outcomes when accident victims take legal action. The right lawyer or law firm can help you recover damages and get a sense of justice after someone else’s negligence causes you harm.
- Skylar Seward was just 15 when she suffered serious injuries in a car accident in 2013. She was a passenger in a car on I-5 in Dupont that struck an overpass pillar. Seward’s injuries left her quadriplegic. Her lawsuit alleged that the state Department of Transportation should have placed a barrier in front of the pillar. Seward and her legal team settled the lawsuit for $28 million.[1]
- Steve Fairbanks was cycling in Tacoma when then Seattle City Councilwoman Sally Clark struck him in her vehicle. Fairbanks suffered a serious leg injury and sought $2.5 million in a lawsuit against Clark. They settled for $400,000, with $375,000 coming from the city of Seattle.[2]
- University of Washington students traveling to the 2018 Apple Cup in Pullman suffered injuries when their bus crashed and rolled. The incident occurred near George and resulted in injuries to 45 passengers. Four students sued, alleging the bus driver should have slowed down due to ice on the road and also that the bus should have had seat belts. A jury awarded the four plaintiffs a total of more than $1.4 million.[3]
- Michael Gilmore of Port Hadlock won a $1.2 million jury award in 2015 after an accident with a Jefferson transit bus. The bus rear-ended his vehicle at a traffic light, resulting in spinal injuries. Gilmore sued Jefferson Transit Authority for damages.[4]
Filing a Washington car accident lawsuit is a big step. Talk to an experienced lawyer in the state before you decide if this is the right action to take. A good lawyer can provide advice, expert investigators, representation, and advocacy. You will get a better outcome with the right lawyer as your ally.