What Kind of Compensation Can I Receive After an Accident in Vancouver?
A personal injury claim has the potential to reimburse an accident victim for many different past and future losses. The main types of compensation available are economic and noneconomic damages. Depending on the case, punitive or exemplary damages may also be available.
ECONOMIC DAMAGES
Economic damages refer to the financial losses a victim suffers because of an accident. This can include hospital bills, medical treatments and care, surgeries, physical therapy, rehabilitation, medications, medical devices, live-in care, disability accommodations, lost wages, lost capacity to earn, property damage, travel costs, and any out-of-pocket expenses. It can also include funeral or burial costs in a wrongful death claim.
NON-ECONOMIC DAMAGES
Noneconomic damages are the nonmonetary or intangible ways in which an accident and injury affect a victim, also known as “pain and suffering.” It can include physical pain, emotional distress, mental anguish, psychological trauma, post-traumatic stress disorder, loss of enjoyment of life, diminished quality of life, loss of consortium, permanent scarring or disfigurement, inconvenience, and grief.
How Long Do I Have to File a Personal Injury Claim in Vancouver, Washington?
It is important to act quickly if you believe you have grounds for a personal injury case in Vancouver. All personal injury claims in Washington must be filed within the time limit set by the statute of limitations. The Revised Code of Washington § 4.16.080 states, in part:
- The following actions shall be commenced within three years:
- (2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated.
This law means that most parties have no more than three years from the date of an accident to file a related claim. However, certain situations can extend or shorten the filing deadline, such as the delayed discovery of an injury. This makes it essential to contact a Vancouver personal injury lawyer as soon as possible.
Should You Settle or Go to Trial?
Our firm has a long track record of taking difficult cases to trial. We’ve won jury trials throughout Oregon and Washington and have recovered verdicts of over a million dollars for injury victims in both states. We pride ourselves on our litigation skills and ability to marshal the right experts to successfully represent you in court.
However, most personal injury cases don’t go to trial. That means you also need an accident attorney who is highly skilled in the art of negotiation to get you the settlement you deserve. In the beginning you will have some contact with the insurance company. Oftentimes it’s not the most pleasant experience, since they generally want to offer you the lowest settlement possible. Once you have retained the services of our firm, that burden can be taken off your shoulders.
In those instances when an injury case must be taken to trial, a law firm needs to have your case prepared for the battle of litigation. The decision of settling or going to trial rests solely on your shoulders, but the knowledge and experience of your personal injury attorney will be a valuable tool in this important process. If your case does proceed to trial, our firm has a long track record of successful jury verdicts throughout Oregon and Washington.
What Are Washington’s Negligence Laws?
Most personal injury cases in Vancouver rely on the legal doctrine of negligence. Negligence refers to someone failing to exercise reasonable or ordinary care. When negligence results in harm to another person, the injured party has the right to file a claim against the negligent party.
To have a successful personal injury case in Vancouver, you must understand how to navigate Washington’s negligence laws. These include:
- Elements of Negligence: The burden of proof in a personal injury case rests with the plaintiff or injured party. The plaintiff must prove the four elements of negligence as most likely to be true: a duty of care, a breach of duty, causation and damages.
- Comparative Negligence: Washington uses a pure comparative negligence law, which means a plaintiff’s financial recovery can be reduced by his or her percentage of fault for the injury. There is no cap, meaning even if a plaintiff has the majority share of fault, he or she can still recover partial compensation from the other party.
- Strict Liability: Certain types of cases do not require a plaintiff to prove that a defendant was negligent. Specific circumstances can place strict liability on a defendant, including most product liability cases and dog bite injury cases in Washington.
An attorney from NW Injury Law Center can explain the negligence laws in Vancouver to you in detail for more information. Our goal is always to educate and guide our clients through the legal process so that they can come out whole again on the other side.
Contact Our Vancouver Personal Injury Attorney Today
There is no substitute for experience. The only thing more important than legal experience is a track record of success that shows NW Injury Law Center is the right choice to represent you in your personal injury case. Call us today with any questions or concerns you have about your case at 360-695-1624. We offer free consultations and don’t charge for our legal services unless we win.
