Car Accident Attorneys

Damages: What Is the Claim Worth?

The damages you are entitled to pursue also require a full understanding of the relevant law, as well as an investigation and review of your specific factual circumstances. The law permits you to obtain two broad categories: Economic and noneconomic damages.

Recovering economic damages can be simple and straightforward or highly complex. For example, if you lost hours at work due to your injuries and you work hourly, this is a fairly simple wage loss claim to establish. On the other hand, if you run your own business or you get paid via commissions or profit sharing, it can be much harder to show the wage loss you have incurred. Maybe you had to hire another employee to do the things that you normally did for your business? Or maybe your attitude and motivation were so negatively impacted that you could not make sales like you normally did? In organizations like the military, there may be ramifications to promotions due to being on limited duty or being physically unable to deploy. Worst-case scenarios may involve losing your job or not being able to work at all.

These losses often require experts such as economists and vocational experts to fully establish, or they may need to be developed by attorneys familiar with the evidence required to prevail on these claims. You are entitled to claim past, present, and future wage loss and the same goes for your medical expenses. It is vital to understand your legal rights before finalizing any settlement.

At Becker Franklin Rovang, we fully develop economic loss claims to make you whole. We advance all costs for necessary experts and understand the full extent of the damages the law allows an injured person to recover.

As to non-economic damages (often referred to as “pain and suffering”), the law does not provide a specific way to calculate these damages. Non-economic damages include but are not limited to emotional distress, pain, suffering, and loss of enjoyment of life. In order to get fairly compensated for these losses, these claims must be properly presented and argued on your behalf. There is no magic formula or book that you can open that tells you how much a person’s pain is worth or how much the emotional distress related to a permanent injury is worth. Every person has issues and impacts that are unique. Non-economic claims must be fully developed and effectively presented in order to maximize the financial recovery.

How much is it worth if you can’t pursue your favorite hobby like you used to? What if something you loved doing in the past is now a source of pain and agony? We’ve represented clients who could no longer work out at the gym or gave up going fishing, hiking, or camping. For others, it may be more ordinary things like having difficulty cleaning or cooking or keeping up the yard or garden.

It is easy for most of us to figure out the loss of value of a couple of hours of work, but what about the loss of enjoyable time spent with your family or playing with your kids or grandkids?

The value of non-economic damages is ultimately determined by how well your claim is developed and presented and how well you understand the audience who would ultimately decide what these damages are worth. You simply won’t receive adequate settlement value until the insurance companies recognize that you are willing and able to present the evidence to a jury and realistically obtain the type of money you are seeking. There are countless factors that are weighed in assessing and evaluating general damages.

For experienced guidance after a car accident in Port Orchard, WA do not hesitate to speak with a qualified attorney from Becker Franklin Rovang. Give us a call at (360) 800-3009 or complete our online form to secure a consultation.

Washington Car Accident FAQs

What should I do immediately after a car accident in Washington?

After a car accident in Washington, your first priority should be ensuring safety. Check for injuries, move to a safe location if possible, and call 911 to report the accident. It’s important to gather information, including the other driver's contact and insurance details, and take photos of the scene, damage, and any visible injuries. You should also seek medical attention even if you feel fine, as some injuries can appear later. Be sure to report the accident to your insurance company promptly but avoid giving statements to the other party's insurer until you've spoken with a lawyer.

What is Personal Injury Protection (PIP), and do I need it in Washington?

Personal Injury Protection (PIP) is optional coverage in Washington that pays for medical expenses, lost wages, and other costs regardless of who was at fault in the accident. PIP can provide immediate financial relief for things like hospital bills and rehabilitation costs while you wait for the insurance claim process to unfold. While it’s not required, many drivers choose to add PIP to their policies for added protection, especially since it helps cover gaps when dealing with insurance delays or disputes over fault.

What happens if the at-fault driver doesn’t have insurance?

If the at-fault driver in your accident is uninsured or underinsured, you may still be able to recover compensation through your own insurance. Washington drivers are typically offered uninsured/underinsured motorist (UM/UIM) coverage when purchasing a policy, and this can help cover your damages when the other party lacks sufficient insurance. If you don't have UM/UIM coverage, you may have to explore other avenues, such as filing a lawsuit directly against the driver, though collecting compensation in this situation can be challenging.

What if the other driver leaves the scene of the accident (hit and run)?

In a hit-and-run accident in Washington, you should still call the police immediately and file a report. Provide as much detail as you can about the fleeing vehicle, including its make, model, color, and license plate number if possible. If the driver cannot be found, you may need to turn to your own insurance policy, specifically your uninsured motorist (UM) coverage, to recover compensation for your injuries and property damage. Without UM coverage, it may be challenging to recover damages unless the driver is later identified.

What if I’m involved in a car accident with a commercial vehicle?

If you are in an accident involving a commercial vehicle, such as a truck or delivery van, the claim process may be more complex than with a regular car accident. Commercial vehicle accidents often involve multiple parties, including the driver, their employer, and the company’s insurance provider. Additionally, commercial vehicles are subject to stricter regulations, which could affect liability. You may need to investigate whether the driver was fatigued, improperly trained, or violated safety standards, which can impact the outcome of your claim.

How long does it take to settle a car accident claim in Washington?

The time it takes to settle a car accident claim in Washington can vary widely depending on the complexity of the case, the extent of your injuries, and whether liability is disputed. Simple cases involving minor injuries and clear fault may settle in a few months, while more complicated cases, especially those involving serious injuries or multiple parties, can take over a year. Settlement negotiations can also be delayed if ongoing medical treatment is required or if the insurance company is disputing aspects of the claim.

Liability: Who Is at Fault?

In an automobile crash involving a drunk driver who crosses the center lane and causes the crash, there is usually no question that the drunk driver is at fault and the victim is not. However, the inquiry does not end there. If the drunk driver was “over-served” in violation of legal guidelines at a bar or restaurant, there may be some shared legal responsibility on behalf of that commercial establishment. It may be the case that the bar or restaurant is ultimately deemed to be only 1 percent at fault, but this can have huge ramifications upon the personal injury claim. 

For all auto accidents, and all personal injury claims in general, being able to investigate and evaluate all the relevant factors is essential to obtaining a just result for an injured person. Knowing what to investigate and how to go about doing so comes from experience and training. We have handled thousands of auto accident claims and are equipped to cover all the necessary bases.

Similarly, the fact that one party got a citation from the police does not conclusively establish the question of fault. In other words, whether or not someone got a traffic ticket is not binding on the question of fault. We have had numerous clients who actually received a traffic citation in relation to an automobile accident when they were not the cause of the accident and have helped resolve many of these cases in their favor.

There are many issues that may not be relevant to your case that insurance companies will try to argue with you when you are negotiating your claims. When it comes to fault, these issues may include things like the speed you were traveling, or contentions that you stopped too fast, followed too close, or that you “should have” or could have seen someone else blow a stop sign or run a red light. The law does not require you to have a crystal ball and foresee everything that might happen despite the arguments you might hear from an insurance adjuster.