When a
personal injury claim is pending, at some point it will be time to try to
resolve, or settle, the case. The most pressing questions are, "When
should I try to settle?" and, "How much should I ask for?" Understanding the
settlement process and Washington
State laws for personal
injury claims will ensure you get the most you're entitled to.
Before you settle a personal injury case
Before
you should even consider settling your case, you need to know the full nature
and extent of the injury you suffered as a result of the accident.
Usually, this requires waiting until all medical treatment is complete. A
common mistake is trying to settle your case too quickly. Frequently,
people settle their cases in the days following the accident, before they know whether
they will need substantial medical care. Do not make that mistake.
Don't attempt to resolve your case until you have a good understanding of the
type and severity of your injury.
Who is involved in personal injury settlements
Typically,
settling your case will involve the third-party insurance company of the person who caused the accident. However, if that person was uninsured, or
his/her insurance limits are insufficient to fully compensate you for your
injury, then the process may involve your own (first-party) insurance
company. In situations where underinsured motorist or uninsured motorist
coverage is available, your insurance company steps into the shoes of the
responsible person and must pay any and all damages that person would be liable
for.
Statute of Limitations for personal injury cases in Washington State
The law
limits the amount of time you have to file a lawsuit against the person or
people who caused your injury. This limit is called the Statute of
Limitations. In Washington,
the Statute of Limitations for negligence is generally 3 years. This
means that if a lawsuit has not been filed against all responsible people prior
to the 3-year anniversary of the accident, then you will never be able to get
compensation from those responsible for your injuries. It is crucial to
speak with an attorney who can deterime exactly when the Statute of Limitations
time period will expire in your case. Only an attorney who has asked you
the appropriate questions can tell you for sure when your deadline is.
Although
you may have up to 3 years to file a lawsuit, it is not a good idea to wait
even close to that long before taking action. If an insurance company is
not making a fair offer to settle your case, then the only option you have is
to file a lawsuit directly against the person who caused the accident. Insurance
companies will almost never make fair or reasonable offers to people who are
not represented by attorneys. Insurance companies will try to make as much
money as they can, and the way they do that is by settling cases for as little
as they can.
When to contact an attorney in a personal injury case
Only an
experienced personal injury attorney can give you a realistic idea of what your
case may settle for, and the attorney can only do so after he or she has had a chance to
review all of the relevant medical records. It takes time to prepare a
case to get the maximum amount in a settlement or lawsuit. You will be
best served by consulting an attorney early in the process. One common
mistake is made when people wait to contact an attorney until there are only a
few months left before the 3-year anniversary of the accident. This puts
attorneys in a very difficult situation; many will not take a case so close to
the expiration of the Statute of Limitations.
You should consult with a personal injury attorney
early in this process to ensure that you get the best possible settlement. Most
attorneys who handle auto accidents will give a free consultation.
Related Legal Guides:
Determining the Value of Your Personal Injury Case
Medical Lawsuit
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