Washington Personal Injury Lawsuit
Should I File a Personal Injury Lawsuit?
Personal injury lawsuits can be complicated, and the rules and laws governing them vary by state. In Washington, you can rely on a dedicated personal injury firm to give you the best advice on whether or not to file.
In general, the main reason to file a personal injury lawsuit is to recover damages. When someone else’s negligence costs you money, you have a right to seek compensation. You may get compensation from an insurance company or the individual or group negligent in your injury.
Other important reasons to file a Washington personal injury lawsuit include:
- Forcing an insurance company to pay you a fair amount of compensation
- Ensuring you have the money you need to pay medical bills
- Covering the costs of any future care needs resulting from the injuries
- Compensating for any lost income or earning potential
- Holding those responsible for your injury accountable for negligent actions
- Getting a sense of closure and justice after a devastating incident
What Are the Steps in a Personal Injury Lawsuit in Washington?
While every state is responsible for the laws that govern personal injury cases, they generally all follow the same basic steps:
- Hiring a lawyer for representation
Your first step in any state is to find the right lawyer. Choose a firm or attorney with a sole or main focus on personal injury. They’ll have the best experience and most resources to get you a good outcome. - Filing a complaint
A complaint is the official way to begin a lawsuit. Your lawyer will file this with the courts. It serves to begin the lawsuit but also to notify the defendants and outline your allegations and compensation request. - Investigating and collecting evidence
The complaint begins the discovery period, during which legal teams on both sides investigate and gather evidence to build a case. Your lawyer may hold depositions, work with experts, talk to witnesses, and share information with the defendant’s lawyers. - Negotiating a settlement
Most personal injury cases end at this step. To expedite your compensation, your lawyer will try to negotiate a fair settlement amount. If the defendants will not negotiate, or you don’t like their offer, you can go to court. - Going to trial in court
A good personal injury lawyer will be willing and prepared to litigate to get you what you deserve. They’ll argue your case in court and seek a jury verdict and award in your favor. - Appealing or collecting compensation
You or the other side can appeal a jury verdict. Your lawyer will have to go to a higher court to get your compensation. If you win a jury award, your lawyer may still have to take additional steps to collect what you’re owed.
What is the Time Limit on Filing a Personal Injury Lawsuit?
All states set a time limit on filing civil lawsuits, known as a statute of limitations. Washington has a statute of limitations for personal injury cases of three years. You have just three years from the time of the incident or injuries to file.[1]
What Do I Need to Prove My Case in Washington?
Washington, like other states, has a basic outline for proving negligence and liability. You must show that:
- The defendant had a duty to act in a certain, reasonable, or accepted way.
- The defendant failed to act reasonably.
- Their actions, or lack of action, caused your injuries.
- Your injuries resulted in significant damages.
To prove these four things, your lawyer will use witness and expert testimony, physical evidence from the accident and your injuries, and medical reports and bills.
What Can I Expect in Damages from My Washington Personal Injury Lawsuit?
Damages are based on several factors: your medical expenses, the extent of your injuries, future medical expenses, lost wages, and pain and suffering. The latter is considered non-economic damages. Some states limit these damages, but Washington does not.
There is no way to know for sure what you will get in damages from a lawsuit. An experienced personal injury lawyer can make a reasonable estimate that leads to a fair settlement or jury verdict.
Examples of Washington Personal Injury Lawsuits
No one, not even the best personal injury lawyer, can predict your damages or if you’ll win your case. But before you decide to file, take a look at examples of cases ongoing or settled in Washington. These can give you an idea of why people sue and what can happen:
- Following Black Lives Matter protests and rallies in Washington, nearly 100 people have filed lawsuits over personal injuries and, in one case, wrongful death. The plaintiffs allege the state and the city of Seattle, through police officers, used excessive force. Many people ended up with physical and psychological injuries, and at least one woman died from chemical agents, flashbangs, rubber bullets, and other dispersal methods.[2]
- In 2019, victims and families of victims of a Seattle duck boat accident received a $123 million jury award. The jury found the manufacturer and the operator of the boat negligent and liable. The accident, from 2015, involved a crash that killed five people and injured dozens more.[3]
- In 2020, the parents of a missing woman and grandparents of two murdered children received a $98.5 million verdict. They sued the Washington Department of Social and Health Services over the murder of their grandchildren, and likely their daughter too, by their son-in-law. They alleged the department failed to follow its own policies regarding domestic violence.[4]
A personal injury lawsuit might be the best way to recover damages if you or a loved one suffered injuries due to someone else’s negligence. Washington personal injury lawyers can advise you and represent you as you seek justice and compensation.