The Fine Points of a Seattle Personal Injury Claim
Across the mega city of Seattle, WA personal injury law firms similar to the Bernard Law Group represent a huge urban population in cases involving auto accidents, worker’s compensation, professional liability and much more. Each personal injury case is unique and Washington personal injury attorneys use their experience to ensure that their clients receive the fair compensation to which they are entitled.
One of the first things that a Seattle personal injury lawyer like Kirk Bernard will do is to evaluate the client’s personal injury case with regard to the state laws of Washington, as well as federal and local statutes. For example, counsel hired by a personal injury victim will rule out mitigating factors, such as inebriation or the use of intoxicating substances, since Washington state law provides specific restrictions and limitations in personal injury related to the use of alcohol and other intoxicants. A statute of limitations (the date that a lawsuit must be filed to preserve the rights of the victim) must be determined. Insurance policies of all involved parties are also reviewed for procedure and to make sure that there is sufficient coverage available for compensation to the injured party.
Once the initial groundwork is done, the potential claim is evaluated. There are three basic elements in a personal injury claim: negligence, causation and damages. Each element must be present and commonly linked to the other two:
- Negligence is the failure to exercise reasonable care under a set of circumstances, resulting in injury to another party.
- Causation links all the elements. The personal injury claim exists when the actions of the negligent party causes the damage and injury to another.
- Damages are the injuries caused by the negligent act. Common damages include medical costs, out of pocket expenses, physical pain and suffering, mental pain and suffering and loss of earning capacity.
A Seattle personal injury claim follows the general path for insurance claims across the country. To resolve a claim without incurring the high costs associated with litigation, the claim is first submitted to the parties’ insurance companies. While the injured party is in the healing process, the background of the claim is investigated by both parties. Medical reports, medical billings, out of pocket expenses and proof of wage loss is gathered periodically until such time as the injured party has reached maximum medical improvement (MMI).
When the claimant’s attorney is in receipt of documentation for all compensable injuries, a demand for settlement is submitted to the insurance adjuster responsible for the claim. The insurance company analyzes the demand for compensation, usually through an industry-standard software program, and makes an offer for settlement or denies the claim completely. If the claim is denied, the claimant’s counsel will inform the client of available options; these options generally include arbitration, mediation or the filing of a lawsuit.
If a settlement offer is extended by the insurance company, it is most likely a very low offer. Negotiation between the parties ensues. It is always in the best interests of all involved to reach a settlement, but if that does not appear to be possible, the next step is arbitration or mediation (which may be required under the insurance policies).
Arbitration and mediation are processes often mandated in the fine print of insurance policies. The parties appoint an impartial person or panel to whom they present their cases. These people may be former judges, attorneys or even retired insurance adjusters who are familiar with the personal injury claims process and can give an impartial authoritative opinion. After both sides present their case, the arbitrator or mediator will advise the parties of their opinion on the matter. In arbitration, if the parties agree to the resolution it is usually binding. This means that the matter is resolved and neither party can proceed with a lawsuit. Mediation, however, is not usually binding, so the parties can have a change of heart and proceed to the next step, which would be litigation.
Litigation is the judicial process wherein a lawsuit is filed. The case proceeds through the discovery phase where both sides take the depositions of the parties, expert witnesses, lay witnesses, medical providers, etc. After discovery, there may be further settlement attempts by one or both parties. If no settlement is reached during this time, the case proceeds to a trial by jury. The jury ultimately decides the outcome of the case.