Determining Accident Fault and Compensation for Injured Clients from the Tacoma, Federal Way & Bellevue Areas
A personal injury attorney’s main responsibility is proving your injury case either to the insurance company(s) involved and/or to the court. The facts need to be presented clearly and confirmed by evidence. In Washington State, determining accident fault and compensation must include that:
- A legal duty of care was owed to the injury victim. Proof must must be presented showing the at-fault party had a responsibility to keep others reasonably safe. For example, drivers on the road owe a duty of care to anyone else on the road, a landlord owes a duty of care to tenants, and a business owner owes a duty of care to customers.
- The legal duty of care was breached. Your personal injury attorney must prove the at-fault party did not act reasonably or responsibly, but in fact acted negligently. You can prove a legal duty of care was breached if a driver was drunk, if a landlord ignored the presence of a dangerous dog, or if a business did not keep its floors clear of hazards.
- The breach of duty led to serious injuries. Finally, it must be proven that the at-fault party’s negligence led to your accident and injuries. This involves presenting evidence tied both to the accident and to resulting medical treatment. Some at-fault parties will argue the accident didn’t lead to your injuries – that perhaps the injuries occurred before or after the accident.
Determining Accident Fault and Compensation
It’s important to note that Washington State is a Pure Comparative Fault state, meaning an injured person may recover compensation based on the percentage of fault of the other party. For example, if a person was in a car accident that was 50 percent his fault, he could still recover half of the costs of damages from the other faulty party. If a person was in a car accident that was 90 percent his fault, he could still recover 10 percent of total damages. Accident fault and compensation are directly linked.
What Can You Recover from Your Personal Injury Claim?
An accident and injury can easily bankrupt a family, especially if the accident resulted in catastrophic injuries. If someone else is responsible for your accident, it’s vital to recover damages so you have the funds needed to cover your losses and treatment, and recover to your normal life. Personal injury attorneys can help determine accident fault and compensation for several types of losses:
- Medical costs. This can include everything from ambulance transport to surgeries to medications related directly to your accident and injury.
- Future medical costs. Many accident victims will need medical care for months or even years after their injury, including therapy, medications and medical supplies.
- Lost wages. A serious injury often results in missed work for a few days or much longer. You should be repaid for all lost income.
- Future lost wages. Catastrophic injuries can often lead to lost work down the road, the inability to do your past job, or the inability to ever work again. This must be adequately compensated so you have the support needed to carry on with your life.
- Pain and suffering. Some wounds aren’t visible. The at-fault party may owe you for the trauma you endured both during the accident and during your recovery process.
- Loss of quality of life. If your accident and injury changed your life in other ways, you may be owed financial compensation.
- Property damage. If property such as your vehicle was significantly damaged or totaled in your accident, you should receive just compensation to replace it.
The Ye Law Firm Difference
The personal injury attorney at The Ye Law Firm takes only a small, select number of cases at a time in order to stay a laser-focused on each client. While thoroughly investigating and preparing your case, we make an extra effort to keep you informed and updated as the case progresses.
When to Call a Personal Injury Attorney
If you’re unsure whether you have a viable personal injury claim, give us a call for a free initial discussion of the details of your case. You’ll learn what your best options for legal action and compensation are with the assurance that we’ll be candid with you about whether we recommend you pursue an injury claim.
Experienced Accident Fault and Compensation Help in the Tacoma, Federal Way & Bellevue Area
Serving King, Pierce & Snohomish Counties including Federal Way, Bellevue, Seattle, Renton, Kent, Auburn, Bonney Lake, Burien, Des Moines, University Place, Puyallup & Tacoma