Guide to Legal Process of a Personal Injury Lawsuit in Washington

Getting hurt in an accident is stressful enough, but dealing with the legal process of a personal injury lawsuit in Washington can feel overwhelming. Without the right legal representation, you could face delays, lowball settlement offers, or even lose out on the compensation you deserve.

At McPartland Law Offices, we guide you every step of the way — handling the legal complexities so you can focus on healing while we fight for the best possible outcome.

What is a Personal Injury Lawsuit?

A personal injury lawsuit is a legal action filed in a court of law to seek compensation for damages suffered by another party’s negligence or wrongdoing. It helps victims of accidents and other incidents to seek compensation that makes them “whole” again after a financial, physical, or emotional loss.

Some of the most common types of personal injury lawsuits include:

• Motorcycle accidents
• Car accidents
• Truck accidents
• Wrongful death accidents
• Workplace accidents

How Do I Know if I Have a Valid Personal Injury Claim in Washington?

To know if you have the right to pursue a personal injury claim in Washington, you must be able to demonstrate that the other party was negligent. There are four components that make up negligence:

• A person owed you a duty of care. That means the party had the responsibility to keep you safe, such as by obeying the law or performing duties expected in a safe manner.
• The person breached the duty of care. This means they did something or failed to do something to meet that duty of care.
• Causation: You must demonstrate that the breach directly caused the accident you’ve suffered.
• Losses: Demonstrate financial, physical, and emotional loss due to that incident.

Proving personal injury can be difficult. With the guidance of an attorney, including a free consultation, you will have a better idea if you have the right to pursue a personal injury lawsuit.

What Types of Compensation Are Available in Personal Injury Cases?

Victims of personal injury may pursue compensation against the at-fault party or insurance companies representing them for any losses they can prove under Washington state laws. There are two big categories of damages in any personal injury case that are collectible from responsible parties:

First are what are known as special or economic damages. These can include:

• Medical expenses, including medical bills, ongoing medical care, and treatment
• Lost wages and future earning capacity
• Property damage suffered in the accident

Second are what are known as general or non-economic damages. These can include:

• Emotional distress and mental anguish
• Pain and suffering caused by the injury
• Loss of companionship and financial losses in wrongful death cases

What is the Statute of Limitations for Personal Injury Cases in Washington?

The statute of limitations in Washington is the time limit victims have to file legal action against the at-fault party. Under Wash. Rev. Code § 4.16.080(2) (2024), a victim has three years from the date of the accident to file a claim in a court of law. If you miss this timeframe, the court is not likely to hear your case.

There are some exceptions to this rule, such as in cases where you are a minor at the time of the incident or otherwise unable to file a lawsuit due to incapacity. Injury victims should not wait this long to take action. The sooner you take action, the easier it is for you to gain access to medical records, witnesses, and other evidence that may be lost or forgotten over time.

Steps to File a Personal Injury Lawsuit in Washington State

The process of filing a lawsuit requires meeting specific requirements and it can change depending on the nature of the claim, the injured person, and the person or entity responsible for compensating the injured person. Personal injury law puts the burden of proof for proving your losses on you, meaning the at-fault party does not have to prove they are innocent. You must demonstrate they caused your losses. Consider the typical lawsuit process:

Consult a Lawyer

An experienced personal injury attorney is a critical investment in building a strong case. Your attorney will discuss all legal options for you, offer insight into the likely amount of compensation your case is worth, and discuss any limitations or possible challenges you could face.

Initial Steps

After an accident, the steps you take can be vital to your case later. You should always:

• Report the incident to the police when applicable, such as in a car accident
• Seek medical attention for your injuries and maintain all follow-up appointments as you do
• Notify your insurance carrier
• Seek legal advice from an attorney, not relying on the internet to help you build your case

Gather Evidence and Discovery Phase in Washington State

Once your attorney says you have a case, obtaining evidence will be next. Your personal injury lawyer will gather evidence such as:

• Witness statements
• Medical records
• Lost wage documentation
• Photos or videos of the site of the injury
• Statements from medical experts
• Statements from accident experts
• The police report, if any (not all injuries result in a police report)

Your attorney then shares this information with the at-fault party or their insurance company. This allows for the other side to enter into a discovery phase, in which the defendant will determine if they should simply agree to a fair settlement or move on.

File a Complaint and Summons

In situations where a fair settlement does not happen, your attorney will file a formal complaint to the applicable local court. This, along with a summons, gets the attention of the at-fault party and insurance adjusters. They must now act. A formal discovery phase occurs, in which you may need to provide depositions so they can ask you questions.

Serve Notice of Claim

In some cases, especially those involving governmental wrong-doers, there is an additional step. This is demanding payment from the at-fault party is to serve a notice of claim. This formal document outlines all details of the case, including evidence available, to demonstrate losses. It also includes the compensation you are requesting. Your law firm will help you demonstrate your rights under the law.

Settlement Negotiations

With all of the information the defendant now has, including the medical treatment you received, the losses you have, and any additional evidence to support the injured party and their claim, settlement negotiations begin.

In some situations, mediation or arbitration occurs, in which two parties come together to discuss the losses and develop a fair settlement. These situations are alternatives to trial.

Trial in Personal Injury Lawsuit Process

If the injured person or the other party does not agree to the terms, the case goes to trial. A full trial can take a significant amount of time. Both parties present evidence in the court, and witnesses may be called. Ultimately, a judge or jury will determine if the other party is at fault and what the compensation should be. In the state of Washington, this process can take six months or more.

Distribution of Funds

In most situations, a settlement occurs. Both parties agree to fair compensation. That leads to the funds being distributed to you within a short amount of time.

How Are Damages Calculated in Personal Injury Cases?

Economic damages are typically – though not always – relatively straightforward, requiring calculation of all of the documented losses you have. Non-economic damages often relate to the severity of the accident, including all evidence available. This is why it is extremely important to seek medical treatment for your injuries after an accident and document all hardships that occurred due to your injuries. It is also important to memorialize your experiences, whether by way of a diary or journal. This helps tell the story of the impact that injuries had on you.

What Does a Fair Settlement Look Like?

Fair compensation typically includes adequate compensation for medical expenses, financial losses, and emotional damages. Do not agree to a settlement without a thorough evaluation of how accurate it is to your losses.

Highlight the importance of evaluating settlement offers with the help of a personal injury lawyer.

Why You Need a Personal Injury Lawyer To Help You Craft a Strong Claim

Your attorney helps you build a strong case, which typically includes:

• Providing legal advice for your particular situation
• Gathering evidence
• Negotiating with the insurance companies
• Pursuing fair compensation at trial when necessary

Why Clients Choose McPartland Law Offices

Building a strong case is a process that takes experience, compassion, and aggressive pursuit of compensation for each client. Our decades of experience and proven dedication to our clients make the attorneys at our firm the resource you need at the toughest times of your life.

Testimonials

“I was so nervous, because I had never been involved in a car accident and personal injury case before. From the first day that I came into the office, I was immediately put at ease and was comfortable handing everything over to you. You handled everything, and I could focus on running my business.” – Mary.

“When all others wouldn’t take or wanted nothing to do with my case, he took it and stuck with it and saw it through til the end. Bryce also was determined to get me what I deserved. He always was honest and held nothing back. He also kept my husband and I very informed and was very professional. My family and I are thankful for his hard work and determination on my case and believed in my case. I would recommend him to all anybody who needs legal help. Thank you again Bryce.” – Joey J.

“Without going into specifics, I have been stressed out for almost a month trying to figure out how to handle a legal issue. I contacted Bryce McPartland for a consultation where I expected him to tell me I had no case. Instead, Bryce looked at my documentation and asked me a few questions. Within an hour, Bryce had a letter written which was sent out that day. The next day, I was informed that my issue was resolved. I couldn’t believe it.” – George R.

Take the First Step Toward Fair Compensation

When your life changes because of the negligence of another person, you need to learn how to file a personal injury lawsuit in Washington. For help in Spokane, Moses Lake, and the surrounding areas, put our legal team to work for you. Contact McPartland Law Offices by calling 509-495-1247 or filling out our contact form now.