Frequently Asked Questions
Wrongful Death Lawyers in Auburn, WA
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We've compiled answers to some of the more common questions about personal injury law, but please feel free to call us to discuss these or any other questions you may have. We are happy to chat.
How do I know if I have a personal injury claim?
If you have suffered from an injury that was caused by someone else’s negligence or intentional actions, you may have a personal injury case. In Washington, you must prove that the other party breached a duty that was owed to you and that you were harmed as a result of that breach. For example in collision cases, drivers have a duty of care to obey traffic laws and safely operate their vehicles. If they breach that duty by running a red light and injure you as a result, you can seek compensation for the damages you incurred. You as the injured victim has the burden of proving your case. Our Personal Injury Attorneys will take over the challenge of proving your case.
Is there a time limit if I have a personal injury case?
The time limit for filing a lawsuit is referred to as the statute of limitations. In Washington, the statute of limitations for most (but not all) personal injury claims is 3 years. This means that your claim must be settled or a lawsuit filed within 3 years of the date of your injury or your case will be barred.
Can I receive compensation for a claim even if I am partially at fault?
Under Washington law, you can recover compensation for your injuries even if you are partially at fault. Your monetary award will, however, be reduced by your percentage of fault.
When should I call an attorney for a personal injury claim?
You should contact an attorney as soon as possible after being injured. An attorney will ensure that your rights are protected and that your case is not compromised. You are advised to not make an insurance statement or sign documents before consulting an attorney. It’s always in your best interests to at least consult with an attorney for a free initial consultation to review your claim. That being said, even if some time has passed and you have had contact with insurance companies or other at-fault parties, it is not necessarily too late to reach out to an attorney for help.
How much does it cost to hire a personal injury attorney?
Generally personal injury cases are handled under what is called a contingency fee agreement. A contingency fee agreement means that an attorney agrees to be paid a percentage of the overall recovery and receives no fee if no recovery is made. In addition, generally any costs in preparing your case will be advanced by the firm and deducted from the financial recovery. In other words, under a contingency fee agreement, there is no up-front cost to hire an attorney. The attorney’s payment comes at the end of the case and is contingent upon you receiving a financial award from a third party. In most cases, the attorney fee is one-third of the settlement or judgment.
By hiring an attorney, does that mean I have to go to trial?
Hiring an attorney does not automatically mean that you will be involved in a lawsuit. In fact, most personal injury cases settle before trial through insurance negotiations. Whether a case goes to trial depends on many different factors that vary in every case. Sometimes cases are tried before a judge or jury because they involve questions of liability or an insurance company will not settle them fairly.
How much is my personal injury case worth?
You have no doubt seen ads flashing the amounts that law firms have recovered. Truth be told, such ads do a disservice to injury victims because no two cases are alike. Moreover, if an attorney gives you a dollar value for your case right away, they are likely making unrealistic promises to gain your business. The value of your personal injury claim depends on a variety of factors that cannot be determined until much later. Some of these factors include the types of injuries you’ve sustained, the extent of your treatment, your previous medical history, the cost of your past and future medical expenses, any lost income and decreased earning potential, the severity of your pain and suffering, any permanent physical impairment or disfigurement, the outcomes of other cases, and the particular conduct of the defendant. Just as each injured individual is unique so is the value of a claim.
