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
Cities such as Bellingham, Washington have a fairly high number of cyclists co-existing with motor vehicles on its roads. Sadly, every year, hundreds of bicyclists are struck by drivers and often end up badly injured. According to iihs.org, 843 bicyclists were killed in bicycle accidents with motor vehicles in 2019. The good news is that this was a three percent decrease from the 868 bicyclist deaths that occurred in 2018, but overall cyclist deaths have increased 36 percent since reaching their lowest point in 2010.
When you factor in the size difference alone, it’s easy to see why cyclists are at a much higher risk for injury and death when they are involved in a crash with a car or truck. Injured cyclists deserve justice and maximum compensation for their injuries. In this article we will answer some of the most common questions about bike accidents involving motor vehicles.Read More
As reported by KGMI, a Bellingham man died in a dirt bike accident that happened in Island County this past Friday. According to Washington State Patrol, 29-year-old Joshua H. Heneger was riding on a dirt road near Clinton at about 7:30 p.m. when he lost control of the bike and crashed into a hard object. The rider was not wearing a helmet and the cause of the accident is still being investigated.
Dirt bike riding is a huge draw for many – especially young men. It’s full of adrenaline pumping and dare devil opportunities. Unfortunately, each year hundreds of children and adults are killed or injured in accidents involving a dirt bike. Dirt bike safety must be taken very seriously.Read More
As reported by Whatcom News, Birch Bay-Lynden Road was temporarily closed in both directions at Woodland Road on April 13, 2021, because of a rollover crash with injuries. First responders were called to the scene of the injury crash at 10:25 a.m. and the road was reopened to traffic in both directions about 11:30 a.m. The single-vehicle rollover crash occurred when a Dodge Durango left the road and crashed into a pole on the north side of the road as it was traveling westbound on Birch Bay-Lynden Road. The vehicle landed on its side in a grassy area next to the road. According to Washington State Patrol Trooper Rocky Oliphant, the driver was transported by aid to PeaceHealth St. Joseph Medical Center with non-life-threatening injuries. He also noted that the driver would be arrested for driving under the influence upon release from the hospital.Read More
As reported by King 5 News, a King County jury has awarded four members of the UW marching band more than $1.4 million in a common carrier accident claim after their charter bus crashed in icy conditions in November, 2018. The bus, which was on its way to the Apple Cup at the time, crashed near George, Washington after the driver lost control in icy conditions and crashed into a ditch. The driver was later cited for driving too fast for the conditions. A traffic citation is often used by the prosecution to show negligence on the part of the defendant and may have played a part in the jury’s decision to award a settlement.
According to the personal injury firm representing the victims, forty-five people were injured in the crash and many should continue to pursue justice. The four students who were awarded the settlement in varying amounts have post-traumatic stress disorder and suffered a range of serious injuries including a fractured spine and other broken bones, an AC joint separation to the shoulder, lacerations and bruises. At least one of the four students required surgery.Read More
While no amount of money can replace your lost family member, there are practical reasons for pursuing a wrongful death settlement. Financial stresses often become very real after the loss of a family member, especially if they were the primary bread winner. Unexpected expenses such as the cost of the funeral and medical bills can also add up quickly. If you lost a loved one because of the negligent or intentional behavior of another, a wrongful death claim may the best (and only) way to recover financial compensation. There are many myths about wrongful death claims that may prevent people from filing a claim that they are entitled to. We will take a look at some of the main ones in this article.Read More
Sadly, recent studies of medical errors published on pubmed.ncbi.nlm.nih.gov, estimate that medical errors may account for as many as 251,000 deaths annually, which makes medical errors the third leading cause of death in the U.S. While the numbers reported typically range between 45,000 and 95,000, experts acknowledge that less than 10 percent of medical errors are reported. When a person is injured as a result of negligent medical care or preventable medical errors, they may be entitled to compensation through a medical malpractice claim.
When it comes to personal injury claims, there are probably more myths and misunderstandings about medical malpractice claims than any other category. This is a problem because myths can prevent injured patients or their loved ones from seeking the settlement they deserve for their injuries.Read More
In a perfect world, there would be no car accidents but the reality is that thousands of collisions happen every day. On average, there are six million car accidents in the U.S. every year, which translates to about 16,438 per day. The best thing we can do as drivers is to protect ourselves as much as possible from car accidents. In this article we’ll take a look at a few ways you can protect yourself.
How to protect yourself from a potential car accidentRead More
Each state has its own driving and insurance laws as well as weather, road conditions and rural versus urban makeup that contribute to road safety and traffic accident rates. Naturally, we are interested in where our own state ranks. Using data from the National Highway Traffic Safety Administration and the analysis by the Insurance Institute for Highway Safety, reviews.com ranked all 50 states from safest to the most dangerous to drive in for 2021. Find the complete list here: https://www.reviews.com/insurance/car/most-dangerous-states-for-driving/Read More