Being involved in an accident, whether it’s a car crash, bicycle mishap, or pedestrian incident, can be a traumatic and disorienting experience. It’s essential to remain calm and follow some basic steps to ensure your safety and protect your rights. Here’s a step-by-step guide on what to do if you’re in an accident:

How What do I do if I’m in an accident?

**Check for injuries**: The first thing you should do is assess your physical condition and that of any passengers or other people involved in the accident. If anyone is injured, call 911 or your local emergency number immediately to request medical assistance.
**Move to safety**: If it’s possible and safe to do so, move yourself and your vehicle (if applicable) to the side of the road to avoid any further accidents. Turn on your hazard lights to alert other drivers of your presence.
**Call the police**: Even if the accident is minor, it’s important to call the police and report the incident. In some jurisdictions, it’s mandatory to do so. The police will create an accident report, which can be crucial for insurance claims and legal matters.
**Exchange information**: While waiting for the police to arrive, exchange information with the other parties involved in the accident. This should include names, contact details, driver’s license numbers, insurance information, and license plate numbers. Be polite and cooperative, but avoid admitting fault or discussing the details of the accident.
**Document the scene**: Take photos of the accident scene, including damage to all vehicles or property involved, road conditions, traffic signs, and any visible injuries. This documentation can be helpful when filing an insurance claim or in any potential legal disputes.
**Gather witness information**: If there are any witnesses to the accident, try to collect their contact information. Their statements can be valuable in establishing the facts of the incident.
**Notify your insurance company**: Contact your insurance company as soon as possible to report the accident and initiate the claims process. Provide them with the information and documentation you’ve gathered and follow their instructions closely.
**Seek medical attention**: Even if you feel fine, it’s important to get a medical evaluation after an accident, as some injuries may not be immediately apparent. Keep records of all medical visits, treatments, and expenses related to the accident.
**Consult an attorney**: Depending on the severity of the accident and the potential legal implications, it may be beneficial to consult with an attorney experienced in personal injury or traffic law. They can help you navigate the insurance and legal processes and ensure your rights are protected.
**Follow up**: Stay in touch with your insurance company, medical providers, and attorney(if applicable) to ensure that all necessary paperwork and communications are completed. Keep track of any expenses related to the accident, as well as any changes in your physical or mental health.

By following these steps, you can help minimize the stress and confusion that often accompany accidents and ensure the best possible outcome for your situation. Remember to stay calm, prioritize your safety, and seek professional guidance when necessary.

How do I determine if I have a personal injury claim?

Were you injured? If you were not injured, then you do not have a personal injury claim.
Was someone else at fault? If someone else caused or contributed to your injury due to their negligence or intentional actions, then you may have a personal injury claim.
Did the injury result in damages? If you suffered physical, emotional, or financial harm as a result of the injury, then you may have a personal injury claim.
Is the injury within the statute of limitations? Washington state has a 3 year limit for filing a personal injury claim, known as the statute of limitations. If the time limit has passed, you may be barred from bringing a claim.

If you answered “yes” to these four questions, then you may have a personal injury claim. However, it is always a good idea to ask Brumback & Ottem for a free consultation to evaluate your specific situation and advise you on the best course of action.

Do I have a claim if I do not feel hurt?

In order to have a personal injury claim, you typically need to have suffered some kind of injury or harm as a result of someone else’s negligence or intentional actions. If you did not suffer any injury or harm, then it is unlikely that you would have a personal injury claim.

However, it is important to note that some injuries may not be immediately apparent. For example, some injuries may not manifest until days or even weeks after an accident. Additionally, some injuries may not cause pain or discomfort immediately, but may still require medical treatment or result in long-term health consequences.

If you were involved in an accident and do not feel hurt, it is still a good idea to seek medical attention to ensure that you have not suffered any injuries that may not be immediately apparent. It is also advisable to consult with a personal injury lawyer who can evaluate your specific situation and advise you on whether you have a viable claim.

How long do I have to file a personal injury case?

In Washington state the length of time you have to file a personal injury case is three years, also known as the statute of limitations It’s important to note that if you fail to file a lawsuit within the statute of limitations, you may lose your right to seek compensation for your injuries. Therefore, it’s important to consult with a personal injury attorney as soon as possible after an injury to determine the applicable statute of limitations and protect your legal rights. Always remember there is no charge for a free consultation with Brumback & Ottem.

What do I do if an insurance adjuster calls me?

If an insurance adjuster calls you, it’s important to be cautious and avoid saying anything that could potentially harm your case. Here are some tips on how to handle the conversation:

Get the adjuster’s contact information: Ask for the adjuster’s full name, phone number, and email address. This will help you keep track of who you spoke with and when.
Don’t admit fault: Even if you believe that you may have been partially at fault for the accident, it’s important not to admit to anything during your conversation with the adjuster. Anything you say can be used against you later on.
Stick to the facts: Provide the adjuster with basic information about the accident, such as the date, time, and location. Avoid giving your opinion or speculating about what happened.
Don’t discuss your injuries: It’s best to avoid discussing your injuries with the adjuster until you have had a chance to speak with a personal injury attorney. The adjuster may try to use any information you provide to downplay the severity of your injuries or argue that they are not related to the accident.
Consider consulting an attorney: If you are unsure how to handle the conversation with the adjuster, or if you have concerns about your legal rights, it’s a good idea to consult with an experienced personal injury attorney. An attorney can help protect your rights and negotiate with the insurance company on your behalf.

Remember, the insurance adjuster’s goal is to settle your claim for as little money as possible. It’s important to be cautious and protect your legal rights throughout the claims process.

What damages are available in a personal injury case?

In a personal injury case, the injured person may be entitled to various types of damages, which are intended to compensate them for the harm they have suffered. Some common types of damages in personal injury cases include:

Medical expenses: This can include the cost of all medical treatment related to the injury, such as hospital bills, doctor visits, medication, surgery, and rehabilitation.
Lost wages: If the injury causes the victim to miss work, they may be entitled to compensation for their lost income. This can include both past and future lost wages.
Pain and suffering: This refers to compensation for physical pain, emotional suffering, and mental anguish that the victim experiences as a result of the injury.
Property damage: If the injury involves damage to the victim’s property, such as a car accident, they may be entitled to compensation for the cost of repairing or replacing the property.
Loss of earning capacity: If the injury causes the victim to be unable to earn the same income as they did before the injury, they may be entitled to compensation for their reduced earning capacity.
Punitive damages: In some cases, the court may award punitive damages to punish the defendant for their conduct and to deter others from engaging in similar conduct.

The types of damages available in a personal injury case can vary depending on the specific circumstances of the case, such as the severity of the injury, the impact on the victim’s life, and the conduct of the defendant. An experienced personal injury attorney can help you understand which types of damages may be available in your case and fight to ensure you receive fair compensation for your injuries.

What is my personal injury claim worth?

Determining the value of a personal injury case can be complex, as there are many factors that may impact the amount of compensation you may be entitled to receive. Some of the factors that can affect the value of a personal injury case include:

The nature and severity of the injury: The more severe the injury, the higher the potential value of the case
Medical expenses: The cost of medical treatment, including hospital bills, doctor visits, medication, surgery, and rehabilitation, can be a significant factor in determining the value of a case.
Lost wages: If the injury causes the victim to miss work, they may be entitled to compensation for lost income, which can also impact the value of the case.
Pain and suffering: Compensation for physical pain, emotional suffering, and mental anguish can be difficult to quantify, but is an important factor in determining the value of a case.
Property damage: If the injury involves damage to the victim’s property, such as a car accident, the cost of repairing or replacing the property can also be a factor in determining the value of the case.
Liability: The degree of fault or liability of the party responsible for the injury can also impact the value of the case.
Insurance coverage: The amount of insurance coverage available can also affect the potential value of the case

It’s important to note that every case is unique and the value of your case will depend on the specific circumstances of your injury. An experienced personal injury attorney can help you assess the value of your case and fight to ensure you receive fair compensation for your injuries.

What if I had a pre-existing condition?

If you have a pre-existing condition, it can affect your personal injury case in several ways. Here are some things to consider:

Aggravation of pre-existing condition: If the accident aggravated a pre-existing condition, you may still be entitled to compensation for the aggravation of your condition. For example, if you had a back injury before the accident and the accident caused your back pain to worsen, you may be able to recover damages for the aggravation.
Apportionment of damages: If the pre-existing condition contributed to your current injuries, the damages awarded in your case may be apportioned based on the percentage of fault of each party. For example, if you had a knee injury before the accident and the accident aggravated the injury, the damages awarded may be reduced based on the percentage of fault attributed to your pre-existing condition.
Defense tactics: The defendant may try to use a pre-existing condition as a defense to reduce or deny your claim. They may argue that your injuries were not caused by the accident, but rather by your pre-existing condition.
It’s important to note that having a pre-existing condition does not automatically disqualify you from recovering damages in a personal injury case. However, it can make the case more complex and require a more thorough investigation and analysis of the medical evidence.

If you have a pre-existing condition and are considering filing a personal injury claim, it’s important to consult with an experienced personal injury attorney who can help you navigate the complexities of your case and fight to ensure that you receive fair compensation for your injuries.

What if I was partly at fault for the accident?

If you were partly at fault for an accident, your ability to recover damages may be affected by the doctrine of comparative negligence, which is used in many states to apportion fault and damages in personal injury cases. Under comparative negligence, the damages awarded to the injured party are reduced by the percentage of fault attributed to them.

For example, if you were found to be 20% at fault for an accident and the damages awarded were $100,000, your recovery would be reduced by 20% to $80,000.

The amount of fault attributed to each party is determined by the jury or judge based on the facts of the case and the evidence presented. Factors that may be considered include the actions of each party leading up to the accident, the severity of each party’s actions, and the extent to which each party’s actions caused the accident.

It’s important to note that even if you were partially at fault for an accident, you may still be entitled to recover damages under comparative negligence. However, the amount of damages you can recover may be reduced based on your percentage of fault.

If you were partially at fault for an accident and are considering filing a personal injury claim, it’s important to consult with an experienced personal injury attorney who can help you understand your legal options and fight to ensure that you receive fair compensation for your injuries.

How long will it take to settle my claim?

The length of time it takes to settle a personal injury claim can vary widely depending on a number of factors, including the complexity of the case, the severity of the injuries, and the willingness of the parties to negotiate a settlement.

In some cases, a personal injury claim can be settled relatively quickly, within a matter of weeks or months. This may be the case if liability is clear, the injuries are not severe, and the parties are able to come to an agreement on the amount of compensation.

However, in other cases, a personal injury claim can take much longer to settle, sometimes taking years to resolve. This may be the case if liability is disputed, the injuries are more severe, or the parties are unable to reach an agreement on the amount of compensation.

In addition to the factors mentioned above, the length of time it takes to settle a personal injury claim can also be impacted by the legal process itself. For example, if the case goes to trial, it can take significantly longer to resolve than if the parties are able to negotiate a settlement out of court.

If you are considering filing a personal injury claim, it’s important to consult with an experienced personal injury attorney who can help you understand the potential timeline for your case and fight to ensure that you receive fair compensation for your injuries.

What is a release in a settlement?

A release in a settlement is a legal document that outlines the terms of a settlement agreement between the parties in a personal injury case. The release typically includes a clause in which the injured party agrees to give up any further claims or legal action against the party who caused the injury in exchange for a specified amount of compensation.

By signing a release, the injured party is essentially agreeing to release the defendant from any further liability related to the injury. This means that they cannot pursue any further legal action or seek additional compensation for the injury, even if they later discover that their injuries are more severe than originally thought.

It’s important to carefully review the terms of a release before signing it, as it is a legally binding document that can have significant implications for your rights and ability to seek compensation for your injuries. If you have any questions or concerns about the terms of the release, it’s important to consult with an experienced personal injury attorney before signing.

An attorney can help you understand the potential implications of the release and negotiate the terms of the settlement to ensure that you receive fair compensation for your injuries while protecting your legal rights.

How long will it take for me to get my check?

The time it takes to receive a settlement check can vary depending on the terms of the settlement agreement and the process for issuing the check.

In some cases, the settlement check may be issued shortly after the settlement agreement is signed. This may be the case if the settlement is reached quickly and there are no disputes or complications related to the payment.

However, in other cases, it may take longer to receive the settlement check. This may be the case if there are delays in processing the payment if there are disputes over the terms of the settlement, or if there are other legal or administrative issues that need to be resolved before the payment can be made.

In general, settlement checks are often issued within a few weeks of the settlement agreement being signed. However, it’s important to note that the exact timeline can vary depending on the specific circumstances of the case.

If you have questions about the timing of your settlement payment or are experiencing delays in receiving your settlement check, it may be helpful to speak with an experienced personal injury attorney who can help you understand the process and advocate on your behalf to ensure that you receive your settlement payment as soon as possible.

How do I pay my medical bills until I get my settlement?

If you are facing medical bills and other expenses related to your personal injury, there are several options for paying these bills while you wait for your settlement.

Health insurance: If you have health insurance, it can help cover the cost of medical treatment related to your injury. Be sure to provide your health insurance information to your healthcare providers so that they can bill your insurance company directly.
Medical payment coverage: If you have medical payment coverage as part of your auto insurance policy, it can help cover the cost of medical treatment related to a car accident, regardless of who was at fault.
Personal funds: If you have personal funds available, such as savings or credit cards, you can use these funds to pay for your medical bills.
Payment plans: Some healthcare providers may be willing to work out a payment plan with you, allowing you to pay off your medical bills over time.
Medical liens: In some cases, healthcare providers may agree to defer payment until you receive a settlement or judgment in your case. This is known as a medical lien, and it allows you to receive necessary medical treatment without having to pay upfront.

It’s important to keep track of all of your medical bills and expenses related to your injury, as this information will be necessary when negotiating a settlement with the insurance company. An experienced personal injury attorney can help you understand your options for paying medical bills and work to ensure that you receive fair compensation for your injuries.

How do I make up for my lost wages?

If you are unable to work due to an injury and are experiencing lost wages, there are several options for making up for the income you have lost while you wait for your settlement.

Short-term disability insurance: If you have short-term disability insurance, it can help replace a portion of your income while you are unable to work due to an injury.
Sick leave or vacation time: If you have sick leave or vacation time available through your employer, you can use this time to continue receiving income while you are unable to work.
State disability benefits: Some states offer disability benefits for workers who are unable to work due to an injury or illness. Check with your state’s labor department to see if you are eligible for these benefits.
Workers’ compensation: If your injury occurred on the job, you may be eligible for workers’ compensation benefits, which can help cover the cost of medical treatment and provide income replacement while you are unable to work.
Negotiate with creditors: If you are unable to make payments on debts or other financial obligations due to your injury, you may be able to negotiate with creditors to defer payments or set up a payment plan.

It’s important to keep track of all of your lost wages and income-related expenses, as this information will be necessary when negotiating a settlement with the insurance company. An experienced personal injury attorney can help you understand your options for making up lost wages and work to ensure that you receive fair compensation for your injuries.

What if the accident happened on the job?

If the accident happened on the job, you may be eligible for workers’ compensation benefits, which can provide compensation for medical expenses, lost wages, and other expenses related to the injury.

Workers’ compensation is a form of insurance that provides benefits to employees who are injured on the job or who develop an illness as a result of their job. The specific benefits available under workers’ compensation vary by state, but may include:

Medical expenses: Workers’ compensation typically covers the cost of medical treatment related to the injury, including doctor visits, hospital stays, medications, and other necessary medical care.
Lost wages: If you are unable to work due to the injury, workers’ compensation may provide income replacement benefits to help make up for lost wages.
Vocational rehabilitation: If the injury prevents you from returning to your previous job, workers’ compensation may provide vocational rehabilitation services to help you learn new skills and find a new job.
Disability benefits: If the injury results in a permanent disability, workers’ compensation may provide disability benefits to compensate for the loss of earning capacity.

It’s important to report any work-related injuries to your employer as soon as possible and to seek medical treatment for the injury. Your employer should provide you with information on how to file a workers’ compensation claim and may be required to provide you with forms and other documentation to support your claim.

An experienced workers’ compensation attorney can help you understand your rights under the law and work to ensure that you receive the full benefits that you are entitled to under workers’ compensation.

Do I need a lawyer for a personal injury case?

While it’s not always necessary to hire a lawyer for a personal injury case, having an experienced personal injury attorney on your side can be extremely beneficial to your case. Here are some reasons why you may want to consider hiring a personal injury lawyer:

Knowledge and expertise: Personal injury lawyers have the knowledge and expertise to handle complex legal issues related to your case. They understand the laws and regulations that apply to personal injury cases and can help you navigate the legal process.
Settlement negotiations: A personal injury lawyer can negotiate with the insurance company on your behalf to ensure that you receive fair compensation for your injuries. They have experience dealing with insurance companies and can use their knowledge and negotiation skills to fight for the best possible outcome for your case.
Trial experience: If your case goes to trial, a personal injury lawyer can represent you in court and present your case to a judge and jury. They have experience with trial procedures and can present evidence and argue on your behalf to help you receive fair compensation for your injuries.
Objectivity: Personal injury cases can be emotional and stressful, especially if you are dealing with serious injuries and financial difficulties. A personal injury lawyer can provide an objective perspective on your case and help you make informed decisions about your legal options.
Contingency fee payment: Many personal injury lawyers work on a contingency fee basis, which means that they only get paid if you receive a settlement or judgment in your favor. This can help alleviate some of the financial burdens of hiring a lawyer and ensure that your lawyer is motivated to fight for the best possible outcome for your case.

If you are considering filing a personal injury claim, it’s important to consult with the experienced personal injury attorneys at Brumback & Ottem who can help you understand your legal options and fight to ensure that you receive fair compensation for your injuries.

What do I do if I’m Injured on the job?

In Washington State, if you are injured on the job, you may be eligible for workers’ compensation benefits. Here are some general steps you can take:

1. Report the injury: Notify your employer about your injury as soon as possible. Washington State law requires you to report the injury within 1 year, but it’s best to report it as soon as it happens or as soon as you become aware of it.
2. Seek medical attention: Get the necessary medical treatment for your injury. Your employer may have a preferred healthcare provider or a list of approved doctors you should see. However, you can see any provider that accepts Labor and Injury claims of your choosing. If it’s an emergency, you should seek immediate medical attention regardless of the provider.
3. File a workers’ compensation claim: Complete the necessary paperwork to file a workers’ compensation claim. Your employer should provide you with the required forms. Make sure to fill them out accurately and provide any supporting documentation or medical records.
4. Follow up with your employer: Stay in contact with your employer and provide any additional information or documentation they may request. Cooperate with the workers’ compensation insurance company and follow their instructions.
5. Receive benefits: If your claim is accepted, you may be eligible for benefits such as medical treatment coverage, wage replacement, vocational rehabilitation, and other applicable benefits. The specific benefits you receive will depend on the nature and severity of your injury.
6. Consult an attorney: If you encounter difficulties or have concerns about your claim, it may be beneficial to consult with an attorney specializing in workers’ compensation law. They can provide guidance, ensure your rights are protected, and help navigate the process.

Remember, the details and requirements of workers’ compensation law can vary, so it’s important to consult the Washington State Department of Labor and Industries or contact Brumback & Ottem for specific guidance based on your situation.

Frequently Asked Questions (FAQ)