If you or a loved one were involved in an accident in Tacoma, Washington and suffered a whiplash injury, you may be eligible to seek compensation and hold the at-fault party accountable. A whiplash injury is commonly caused by a rear-end collision or other type of motor vehicle accident. As the Mayo Clinic describes, “whiplash is a neck injury due to forceful, rapid back-and-forth movement of the neck, like the cracking of a whip.”
A Tacoma whiplash injury lawyer can pursue compensation on your behalf while protecting your rights. At Ben Crump Law, PLLC, we stand up to injustice and help our clients fight for compensation that covers their damages, such as medical bills, lost wages, and other out-of-pocket expenses.
If your whiplash injury was caused by a negligent driver or another person’s wrongdoing, you may be able to recover some or all of your losses. Contact our team today at (800) 598-7557 to discuss your legal options.
Determining the Value of Your Claim
To begin your case, our Tacoma whiplash injury lawyers can gather evidence that proves you have suffered damages and then monetize them to determine a fair value for your insurance claim or personal injury lawsuit.
Common damages from an accident that causes a whiplash injury may include, but are not limited to:
- Current medical expenses
- Future medical expenses
- Lost wages
- Limited earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Rehabilitation costs
- Loss of quality of life
- Wrongful death
Once your Tacoma whiplash injury lawyer has monetized your damages, we can use this figure as the basis for out-of-court negotiations with the opposing insurance companies.
To hold a defendant (the at-fault party you are suing) accountable, we must first prove that they were liable. According to the American Bar Association, “a person is liable if he or she was negligent in causing the accident.” Upon proving liability, a lawyer can then hold the defendant responsible for compensating you for damages.
Comparative Fault Law
The state of Washington’s comparative fault law is outlined in Revised Code of Washington § 4.22.070. This sometimes-complex law addresses situations when both parties are partially at fault for an accident. If a police officer is called to the scene of your accident, they will often note the percentage of fault for both parties. These percentages may also be determined by the court.
If it is determined that you were partially at fault for causing your whiplash injury, your financial compensation will be reduced by that percentage. For example, if you were speeding and are assigned 30 percent of fault for the accident, you will receive 70 percent of your total award. A Tacoma whiplash injury lawyer can explain this calculation in further detail.
For a free legal consultation with a whiplash injury lawyer serving Tacoma, call (800) 598-7557
Obtaining Evidence to Support Your Case
To strengthen your case, your legal team will work to obtain any evidence related to your claim. This evidence can help prove the extent of your injuries and losses, while hopefully proving that the defendant was at fault for your accident as well.
Under Revised Code of Washington § 4.22.015, the legal definition of fault includes an “unreasonable assumption of risk.” This means that the defendant cannot avoid legal responsibility by claiming that your whiplash injury was not their fault because you knew of any risk involved.
A Tacoma whiplash injury lawyer can gather evidence to help prove fault, liability, negligence, and more. Some examples of potential evidence include, but are not limited to:
- Medical documentation
- Surveillance video
- Property damage documentation
- Eyewitness testimony
- Police reports
Every case is different, and you may personally require more evidence to hold an at-fault party accountable. The team at Ben Crump Law, PLLC can determine the best course of action as we work to build a strong case that is rich with evidence. To learn more, contact us today.
Tacoma Whiplash Injury Lawyer Near Me (800) 598-7557
Insurance Claims and Personal Injury Lawsuits
As we begin to obtain evidence to build your case, we will eventually present this information to the opposing party. This will likely take place during out-of-court negotiations with the opposing party’s insurance company as we fight for compensation based on the value of your damages.
If we are unable to recover a fair settlement offer form the insurance company, we can file a personal injury lawsuit on your behalf. To do so, we must file the lawsuit within the statute of limitations.
According to Revised Code of Washington Section 4.16.080, you generally have up to three years after your accident to file a personal injury lawsuit. If you fail to file within this three-year statute of limitations, your case will be at risk of being dismissed.
However, there are some exceptions to the statute of limitations “clock” that begins after the accident caused your whiplash injury. For example, Revised Code of Washington Section 4.16.190 awards more time when the claimant is under the age of 18 or suffers from a legal disability at the time of their accident. Once the claimant turns 18 or is no longer suffering from a disability, they have three years to pursue a personal injury lawsuit. Another exception grants more time to file a lawsuit when the defendant leaves the state after their accident.
Schedule a Free Consultation with Us Today
Whiplash can be a painful and debilitating experience. If you or a loved one were injured in an accident that caused whiplash, the team at Ben Crump Law, PLLC can help you seek compensation from the at-fault party. If we are unable to secure a fair settlement out of court, we will file a lawsuit within the statute of limitations to fight for justice on your behalf. You should not have to continue to pay for injuries you suffered through no fault of your own.
To schedule a free consultation, contact us today at (800) 598-7557.