There is no formula for calculating pain and suffering. There are just factors to be considered when assessing non-economic damages. A jury in Washington usually receives these instructions to award damages on top of medical bills, lost income, and property damage:
• The nature and extent of the injuries. (WPI 30.04)
• The disability experienced and with reasonable probability to be experienced in the future. (WPI 30.05)
• The loss of enjoyment of life experienced and with...
Generally, in Washington State negligence claims must be settled or a lawsuit filed within 3 years of the event.
However, if a government entity is involved (Medic One), it's a bit more complicated. A notice of claim must be filed before this 3 year period and there is a waiting period before a lawsuit can be filed.
While it would we best for this crash not to have happened, you are lucky in that you have at least two and perhaps four insurance coverage sources available.
The owner of the car's liability insurance is primary and the driver's is secondary. If you have PIP coverage, it is primary for paying your medical bills (if any) and, if PIP runs out or cuts you off, your health insurance should pay next.
Your car insurance company will probably figure this out, but since you already have, you...
It sounds like the driver had PIP coverage which is paying your medical bills. If you settle your claim, or file suit and prove that the driver was negligent in hitting you, then you can be compensated for more than just your medical bills.
In Washington State you have up to 3 years from the date of the crash to settle or file suit. Don't wait that long, but don't try and settle until you know the full extent of your damages-- when you are fully recovered. Right now, it's too soon to...
Yes, you have a claim, but there are some difficulties with it. If you are covered under a car insurance policy with UIM coverage (including your parents' policy), you should be able to make a Uninsured Motorist claim. You could also try and find the driver, but without a license number, this will probably be tough.
You or your parents may wish to speak with an attorney about your options. Like most attorneys, my office does not charge for a consultation.
You don't know the value of this claim, but neither does anyone else, because it's too early to know. If this happened as a result of negligence in Washington State, your husband has up to 3 years to settle his claim or file a lawsuit.
Consulting with a lawyer now is a good idea, but waiting until he fully recovers is also.
You should try. Washington's Pattern Jury Instructions allow for the following:
Reasonable compensation for any loss of use of any damaged property during the time reasonably required for its [repair] [replacement]. (WPI 30.16)
Our Supreme Court said:
We now hold that, where, as here, a plaintiff has not rented a substitute automobile, he is nevertheless entitled to receive, as general damages in the event liability is established, such sum as will compensate him for his inconvenience....
Do not try a settle your claim at this time. Unless this was an intentional act, you have up to 3 years from the date of the crash to settle the claim or file a lawsuit in Washington State. Until you have fully recovered or it is determined that your injuries are permanent, it is difficult to value your claim.
You should consult with a personal injury lawyer to discuss what to expect. Most lawyers will speak with you at no charge. It would probably be best to find a lawyer in Spokane, if...
The facts of this collision are not clear, but I am concerned by your assumption that the cyclist should have gotten out of the way of your friend's car. Bicyclists are legal users of the road in Washington and have the same rights as a motor vehicle. Would you have assumed that a dump truck should have gotten out of the way of your friend's car? In my view, one should yield to the the more vulnerable user of the road.
If your friend has PIP coverage, whether or not the bicyclists was at...
If you don't have motorcycle insurance, or don't have PIP coverage on it, and if you don't have health insurance, it is unlikely that you can get money for medical bills without settling the liability claim. There are companies that may advance you money now, but they should be avoided if at all possible as their fees are astronomical.
You really should consult with a lawyer before settling yourself for policy limits. There may be other possible claims that this settlement could prevent...