Most people think about physical injuries when it comes to car accidents but it’s important to understand that emotional distress, psychological trauma, anxiety and even Post Traumatic Stress Disorder (PTSD) are relatively common problems caused by collisions. This is particularly true when someone was killed or very severely injured in the accident or when cars burst into flames or become mangled beyond recognition.
Emotional injuries can be extremely debilitating – just as much if not more so than physical injuries – making it difficult to work and causing loss of enjoyment of life. According to the American Psychological Association, car accidents are the leading cause of PTSD among the general (non-military) population. The U.S. Department of Veterans Affairs estimates that nine percent of people who survive car accidents develop PTSD.Read More
Many people look forward to holiday weekends to get together with friends and family. Sadly, whenever there are more cars on the road combined with holiday drinking, car accidents and traffic fatalities increase. This Memorial Day period*, the National Safety Council (NSC) estimates that 415 people may die on U.S. roads. In addition, they estimate that 47,300 people will seek medical care for injuries they sustain in crashes over the holiday weekend.
*Memorial Day is always observed on the last Monday in May but the holiday period is a 3.25-day weekend that begins Friday evening and runs through Monday. In 2021, the Memorial Day weekend extends from 6 p.m. Friday, May 28 to 11:59 p.m. Monday, May 31.Read More
Traumatic brain injuries (TBI) are responsible for many deaths and permanent disabilities every year. According to data on cdc.gov, there were about 61,000 TBI-related deaths in the United States in 2019.
TBIs are typically caused by a violent bump, blow, or jolt to the head. In some cases, an object penetrates the brain such as a shard of glass from a windshield and causes a penetrating head injury that disrupts normal brain function. Symptoms of traumatic brain injuries include physical paralysis, chronic pain and other chronic health issues, sleep issues, loss of hearing, loss of control of bowels or bladder, headaches, lost sense of taste, and seizures.
Moderate to severe instances of traumatic brain injury can change your quality of life for the worse for the rest of your life. A TBI can also have a huge impact on the family of the victim if the injured person needs ongoing care, can no longer work at their career, and/or take care of the kids or other family needs. These types of losses can and should be compensated through a personal injury claim or lawsuit when the injury occurred due to the negligent actions of another.Read More
When it comes to sharing the road with other drivers and pedestrians, you must learn when you have the right-of-way and when you should yield. For example, a driver at a four-way stop must wait until it is their turn to go or they risk crashing into another vehicle who actually had the right-of-way. Failure to yield accidents lead to some very serious injuries every year. If you were the victim of a failure to yield accident, you may find this article helpful.
What is failure to yield the right-of-way?
When a driver is guilty of failure to yield the right-of-way, it means that they didn’t allow other traffic, such as cars or pedestrians, to go when they had the right-of-way.Read More
As reported by Whatcom News over the weekend, first responders were dispatched to the scene of a semi-truck versus motorcycle crash in Blaine, Washington at the intersection of Alderson Road and Blaine Road. The accident – that happened on May 14 – caused the temporary closure of Blaine Road between Alderson Road and Bay Road while rescuers extricated the motorcyclist from underneath the front of the semi-truck. North Whatcom Fire and Rescue and Whatcom County Fire District 7 crews used hydraulic jacks to lift the truck’s front axle to remove the patient. The patient was then transported to PeaceHealth St. Joseph Medical Center via advanced life support (ALS) protocols due to his leg injury.Read More
Motorcycle riders are overrepresented in fatal traffic crashes with a higher fatality rate than drivers. The numbers are stark, with approximately 25 fatalities per 100 million miles of travel on a motorcycle compared to 0.80 fatalities per 100 million miles of passenger car travel.
Motorcycle accident statistics
- Motorcycles represent only three percent of registered vehicles but they account for 14 percent of traffic-related fatalities.
- A motorcycle driver is 27 times more likely to die in a crash than a car driver and 80 percent of all motorcycle crashes result in injury or death compared to 20 percent of all passenger car accidents.
- In 2019, 5,014 motorcyclists died in motorcycle crashes.
- Motorcyclists are also at an increased risk for single-vehicle accidents; 34% of motorcycle accidents do not involve any other vehicle compared to only 14 percent of car crashes.
As reported by the BellinghamHerald.com, a Bellingham man lost control of his vehicle and crashed on the evening of Tuesday, May 4 in Whatcom County. The accident took place on Marine Drive near the intersection of Ferndale Road, just west of the Nooksack River. The passenger in his vehicle was hospitalized for resulting injuries. Twenty-nine-year-old Toby William Solomon was booked into Whatcom County Jail on suspicion of vehicular assault, felony DUI, driving with a suspended license and possession of a dangerous weapon.Read More
As reported by thehill.com, a Southwest Airlines flight attendant has filed a wrongful death lawsuit against her employer after she attended a training session that she says exposed her – and indirectly her husband – to Covid-19. The suit alleges that the company’s lax Covid-19 protocols and contact tracing efforts eventually led to the death of her husband. Covid pneumonia was listed as the primary cause of death. Sixty-nine-year-old Carol Madden, filed the suit in the U.S. District Court in Maryland; she is seeking more than $3 million in damages for the wrongful death of her then 73-year-old husband.Read More
When it comes to determining fault in a car accident, witnesses often play an important role in confirming the claimant’s account of the collision. But a witness account is only possible if their contact information is gathered at the scene and if the right questions are asked – often after the injured party has received appropriate medical care and had a chance to calm their nerves. Every accident is different, and in many cases, an accident victim is too injured to interview witnesses at the scene. This is why it is so important to work with a personal injury attorney. An experienced car accident lawyer knows how to question witnesses to get a clear picture of the events that led to the accident from their perspective.Read More
Personal injury claims are brought to hold the negligent party accountable for the damages they caused. Pain and suffering is a part of the compensation provided in a personal injury claim. But what is it? Pain and suffering is the legal term for the physical and emotional stress caused by an injury; it is a non-economic loss that is worthy of financial compensation.
Some damages that fall under the pain and suffering portion of a personal injury claim are:
- A loss of enjoyment or disruption to the way you normally live your life
- Temporary or life-long limitations on activity
- Loss of the ability to communicate effectively
- Loss of eyesight
- Debilitating physical impairments or disabilities such as paralysis
- Mental and emotional distress
- Aches and chronic pain
- Physical deformities or disfigurements such as severe scarring or loss of a limb
- Forced infertility or the loss of reproductive organs
- Shortened life span
How is pain and suffering proved in a personal injury claim?
In a successful injury claim, your personal injury lawyer will secure compensation for pain and suffering by proving that you have suffered. In order to prove that you have endured or continue to endure pain and suffering, the accident attorney gathers relevant information, including:
- Medical diagnoses
- Medical bills
- Medical records
- Pictures of injuries
- Records of psychiatric care
- Testimony from medical experts, as needed
How is pain and suffering calculated?
In addition to proving pain and suffering, the law also requires that a value is assigned to it. A personal injury lawyer can accurately identify the value of your claim based on your injuries. If you bear partial fault for the accident, there was no damage to the vehicle or if the injuries were minor, you can expect the insurance adjuster to reduce your pain and suffering offer. The injury lawyer also factors in a settlement range that is most likely to be offered in negotiations or in a jury award. This information gives the plaintiff a good idea of what compensation they can expect for their pain and suffering from a reasonable offer.
One of the many advantages of hiring a personal injury attorney to help with a personal injury claim is their help calculating a dollar value for your pain and suffering.
Is there a time limit on recovering for pain and suffering?
Yes, personal injury claims come with a “statute of limitations” that puts a cap on the time that an injury claim may be filed. If a claim is brought after the deadline, the judge may deny the claim. In Washington State, most injury claims have a three-year statute of limitations but an exception is made for minors who have three years from the day they turn 18 to file a claim.
There are also practical reasons for contacting an attorney as soon as possible:
- Filing an insurance claim or a personal injury lawsuit takes time.
- The farther away from the accident, the harder it is to remember details or to keep track of witnesses.
Seek the help of a personal injury attorney
If you or a loved one was injured because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing residents of Whatcom County, Skagit County, Island County and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!Read More