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Washington Personal Injury Attorney

Key Takeaways

  • In Washington State, filing an insurance claim typically begins with submitting a claim letter to the at-fault party’s insurer.
  • To establish a personal injury claim, claimants must show that the defendant’s negligence caused the damages claimed.
  • Anyone who is partially responsible for their injury in an accident may still be able to receive some damages.
  • Washington’s statute of limitations for personal injury cases is three years.
  • In Washington State, you can sue for both economic and non-economic damages.
  • You should speak to an attorney to help you maximize your compensation in a personal injury case.

A personal injury attorney navigates the complex legal requirements of personal injury cases in Washington state, from claims, into litigation and through trial, if necessary. Not all personal injury attorneys have litigated cases or are willing to take cases to trial.

People who are injured generally receive more substantial compensation when hiring an attorney who can effectively navigate the many hurdles insurance companies put in place to fair compensation. In Washington, even if you were partially responsible for your injury, we can still fight for your rightful compensation. View our testimonials to understand why clients choose our firm, and then give us a call to start your personal injury case today.

If you were injured in an accident that was not your fault, you should not have to bear the entire expense of your medical care out-of-pocket. You deserve to seek compensation. A Washington personal injury lawyer at McPartland Law Offices PLLC will help you hold the at-fault party accountable. Contact us today to schedule a free consultation and begin your case.

What Kinds of Personal Injury Claims Does McPartland Law Represent?

Personal injury cases come in many forms across the state of Washington, but claimants can find help with our law firm in various injury scenarios. While many different types of cases exist, a few are the most common.

  • Truck accidents
  • Car Accidents
  • Commercial vehicle accidents
  • Motor vehicle accidents
  • Motorcycle accidents
  • Pedestrian accidents
  • Medical malpractice
  • Product liability
  • Wrongful death claims for a loved one
  • Workplace accidents
  • Premises liability
  • Dog bites
  • Burn injuries
  • Civil battery
  • Food poisoning
  • Dram shop cases
  • Boating accidents
  • Aviation accidents

How Do I File a Personal Injury Claim After My Accident in Washington?

man on laptop with arm in cast due to personal injury

The process for filing a personal injury claim after an accident is fairly straightforward. A personal injury claim is generally started by filing a claim with the insurance company. Sometimes, an insurance company is not readily available or the at-fault person will not share it and a lawsuit against the responsible party is necessary. The accident victim can also file a claim against their own insurance if they have the proper coverage available.

If you seek a lawsuit, the subject of that lawsuit can be anyone considered negligent for the accident, such as a person or a business. Sometimes, a government entity can be held liable for your accident injuries, but special rules apply. Because of these factors, it is very important to consult with a personal injury attorney early after a collision to ensure an appropriate investigation, so that all of the players and prerequisites may be identified.

The first step to filing an insurance claim is sending a claim letter to the responsible party’s insurance company. In most — but not all — cases, insurance claims will end in a settlement.

Recently Injured Due to Negligence?
McPartland's Personal Injruy Lawyers Fight For Your Right to Compensation

Accident victims can also file a claim against their own insurance, which is typically much faster, provided they have the proper coverage. This is helpful since lawsuits can take a year or more, and the responsible party for the accident may not have insurance. No insurance company is a friend to an injured person. Sometimes insurance companies will point fingers at each other, refusing to take responsibility. In instances like this, a Washington personal injury lawyer can help cut through the nonsense for the injured person. Washington has very strong insurance laws that protect people against mistreatment from their own insurance companies.

The most important step for victims to remember is to contact a Washington personal injury lawyer as soon as possible. An experienced Washington personal injury lawyer can offer legal advice on what to do after an accident and advise you on how to file a personal injury claim.

What is Needed to Prove a Personal Injury Claim in Washington State?

To prove a personal injury claim, claimants must demonstrate that the responsible party was acting negligently and that the negligence caused the claimed damages. Doing so begins with showing that the negligent party had a duty of care to the victim. For example, in a medical malpractice suit, medical professionals have a duty to provide quality healthcare. In a car accident case, the negligent driver would have a duty of care towards others on the road to drive in a way that does not put them needlessly at risk.

After establishing the duty of care, the claimant must show that the responsible party violated that duty of care. A reckless driver failed to meet their duty of care when they caused an accident. A doctor failed to meet their duty of care when they misdiagnosed a serious illness that worsened after being treated improperly. This is the cornerstone of how a claimant would demonstrate negligence by the responsible party.

Once negligence is established, the claimant must show how it led directly to their injuries. In a car accident, for example, a driver could have been acting negligently by texting and driving. They, in turn, got into a car crash in which the victim broke their arm. Since the responsible driver’s negligence led to the accident, it also caused the victim’s broken arm.

Once the causal link is drawn between the negligence and the injuries sustained in the accident, your lawyer can help you calculate the damages. Damages can include medical costs, lost wages, and more. In the case of a broken arm from a collision, for example, the damages incurred may include the medical expenses of dealing with the fractured arm and lost wages if the injury kept the victim from returning to work.

What If I Was Partially Responsible For My Injury?

woman with a cast on leg caused by personal injury accident

Anyone who is partially responsible for their injury in an accident may still be able to receive some damages. Washington utilizes a comparative negligence rule, which means victims can claim damages up to the point of their responsibility. This is represented by a percentage in most cases. If an injured victim is deemed to be 20% responsible for the accident, they would only be able to receive 80% of their damages’ value in compensation. Unlike many other states, unless the injured person is 100% at fault, an injured person’s personal contribution to the collision is not a bar to recovery.

For example, suppose there is an auto accident in which one driver was texting and driving while the other was slightly speeding. They get in an accident, and the speeding driver sustains $100,000 worth of damages. The court determines that the texting driver is 90% responsible for the accident and the speeder is 10% responsible, with the argument being that if they were not speeding, the injuries might not have been as severe. That being the case, the victim would only be able to receive $90,000 in financial compensation rather than the full $100,000.

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

In general, the statute of limitations for any personal injury case is generally three years from the date of the injury. There are some exceptions for minors or people who are otherwise incapacitated, for example. However, it is important to remember that it is generally always better to file sooner rather than later, provided the claimant has properly compiled everything needed for filing. The three-year time limit, per Washington personal injury law, typically begins on the day of the injury. There are some cases in which it starts on the day the injury is discovered. Additionally, deadlines for filing an insurance claim tend to be shorter, so you should check policy details to prevent missing a deadline and losing your ability to seek compensation.

Medical malpractice suits follow different rules than other personal injury cases. While they can still utilize the three-year rule starting from the date of the malpractice, claimants may also have a one-year limit from the date of discovery of the malpractice injury. If a victim discovers the injury a year after the malpractice incident, they still have two years to file. If the victim reasonably discovers the injury four years after the malpractice incident, they only have one year from that date of discovery to file.

Regardless of the circumstances of discovery, the maximum limit for medical malpractice lawsuits is eight years after the malpractice occurred. Even then, however, there are certain exceptions to the eight-year rule. In cases of fraudulent concealment, which is when a medical professional covers up their error, claimants have a year from the date of the fraud discovery to sue. Additionally, foreign objects left inside a person after surgery or operation warrant a timeline of one year from the date of discovery, even if that date of discovery occurred more than eight years from the surgery itself.

There are some additional exceptions to the three-year statute of limitations on personal injury cases.

  • If the person responsible for the personal injury has fled the state of Washington or has gone into hiding, the time when they are absent or in hiding does not count against the timeline for filing.
  • If the accident victim suffers serious injuries and becomes legally disabled to the point where they cannot understand the nature of the proceedings, the timeline will start once they are competent again.
  • If the victim is under the age of 18, the three-year timeline begins once they turn 18.

How Long Does an Insurance Company Have to Settle a Claim in Washington State?

When one files a claim with an insurance company in Washington, that insurance company will have 30 working days to complete its investigation. That is the overall timeline, however, as there are smaller timelines for certain stages of the process. The insurance company’s first timeline is ten days to acknowledge that the claim has been filed and give the policyholder the necessary instructions and paperwork to proceed.

After receiving the claim and sending notice, the insurance company has 30 working days to investigate the claim. If the decision is that the claim is approved, an insurance company and the claimant’s attorney will work to negotiate a settlement. At McPartland Law Offices, taking the necessary time to get the case done correctly, maximizing the client’s compensation, is prioritized over speed.

How Long Do Personal Injury Claims Take in Washington State?

The overall length of a personal injury case can vary based on the details and complexity of the case. While most take about a year or so to resolve, plenty take less, and some take several years to conclude. The length of a personal injury claim mostly depends on the severity of the injury, how long it took for the victim to recover, and the amount of money being claimed in the suit.

The case tends to resolve relatively quickly if a decent settlement option is offered early. However, the entire process can take years in cases that must go to court. While settling swiftly to move past the incident can be tempting, victims may settle for less than they deserve. Insurance companies profit by denying as much money to policyholders as possible, so fighting against the initial settlement offer is beneficial.

What Damages Can I Sue For In a Washington State Personal Injury Case?

Quite a few different kinds of damages can be claimed in a personal injury case. The two categories of damages are economic damages and non-economic damages. Economic damages are damages that are easily quantifiable and can be translated directly into a monetary value. Non-economic damages are a bit tougher to quantify, as they represent feelings rather than hard financial costs.

Economic Damages

  • Medical bills
  • Lost wages
  • Property damage

Non-Economic Damages

  • Pain and suffering
  • Emotional distress
  • Loss of consortium

How Much Will a Personal Injury Attorney Cost Me?

In general, a personal injury attorney will cost 33.33% of the winnings upon completion of the case. However, complex cases that require more work, such as cases involving professional negligence or roadway design, may cost more. This is the industry standard across the state and beyond.

If the case is lost, the claimant will not have to pay anything to the attorneys. This is known as the contingency fee standard, in which personal injury attorneys only get paid if they win your case. That means there is no risk to hiring a personal injury attorney who works on a contingency fee basis. Plus, the attorney is more motivated to put everything possible into the case to end in a win.

While the percentage taken by an experienced attorney can seem substantial, hiring an attorney with years of experience in personal injury claims often means reaching larger settlements, which could put more money in the claimant’s pocket even after the fee.

What Are the Benefits of Hiring a Washington Personal Injury Lawyer?

Hiring a personal injury lawyer can make dealing with any individual injury case much easier. Injury victims will be free to focus on their recovery. At the same time, their lawyer can offer services like communicating with insurance companies and the negligent party involved in the accident, alongside taking care of paperwork and settlement negotiations. They will even represent clients in court if necessary.

At McPartland Law Offices, we make proactive and creative efforts to help maximize our clients’ compensation. We will leverage insurance companies’ policies against them and investigate all potentially liable parties. Our experienced legal team will work tirelessly to make your case as strong as possible and fight for the compensation you deserve.

Our Personal Injury Lawsuit Process

personal injury attorney discussing case with his client

At McPartland Law Offices, we seek to provide clients with what they deserve as quickly as possible. While an early settlement can be easy, our trial lawyers aggressively pursue compensation. We are more than willing to take a suit to court to hold all wrongdoers in a case accountable. We heavily invest in the professional development of our legal team so that we can unrelentingly pursue the protection of our client’s rights.

Attorney Bryce McPartland will set out to prove that:

  • You were injured in an accident — Attorney McPartland will use your hospital bills, police report, and accident scene photos as evidence to support your personal injury claim.
  • The accident wasn’t your fault — Attorney McPartland will uncover the truth by interviewing witnesses or consulting with specialists.
  • You deserve fair compensation — During your consultation, you can discuss a settlement amount to reimburse your out-of-pocket medical expenses or car repairs.

Personal Injury Client Testimonials

“I had the best experience back in 2019. I really recommend McPartland Law Office and their staff. They were all very professional & polite. Huge thanks to Ruben Vela, who did great with my case. Once again, THANK YOU for taking the stress off my shoulders. Highly recommend this law office.” -Jose B.

“I had a great experience, and my lawyer and office staff treated me well and listened to everything I had to say. They did everything possible to get me what I deserved from the insurance company. I never had any doubt in them. They are very good at communicating with me, and I recommend them 100%. Thank you for making me feel valuable” -Aurora P.

Call 509-495-1247 today or use our online contact form to schedule a free consultation and case review at our Kennewick or Moses Lake, WA law office.

Start the Recovery Process Today

McPartland Law Offices provides legal representation to personal injury victims across Washington state, including Spokane, Moses Lake, and the rest of Eastern Washington State. Don’t wait. Call a Washington personal injury lawyer today to begin the recovery process for you or a family member.

At McPartland Law Offices, you can discuss:

  • How the auto collision has affected your life
  • How you want to hold the at-fault party accountable
  • How much money your insurance company is offering you

Contact McPartland Law Offices today to schedule a free consultation and case evaluation at our diligent personal injury law firm.

Visit Our Office

McPartland Moses Lake
2830 W Broadway Ave
Moses Lake, Washington 98837
+1 (509) 495-1247
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A Reputation
You Can Trust
“Bryce did a great job for us in negotiating a settlement for my husband’s car accident. We could never have reached as fair a settlement if we had tried to do this without him.”
– Personal Injury Client
“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…”
– Mary
“I actually began my case with another law firm, before my accountant referred me to McPartland Law Offices. I had been injured on the job, and my employer was making things very challenging for me…”
– AG
    “Bryce did a great job for us in negotiating a settlement for my husband’s car accident. We could never have reached as fair a settlement if we had tried to do this without him.”
    – Personal Injury Client
    “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…”
    – Mary
    “I actually began my case with another law firm, before my accountant referred me to McPartland Law Offices. I had been injured on the job, and my employer was making things very challenging for me…”
    – AG

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