Proving Liability in Washington Impacts Settlement Amounts in Injury Cases

    YAKIMA, WA, August 30, 2022 /24-7PressRelease/ -- The value of a personal injury settlement depends on the damage and losses incurred in the accident, making it hard to determine an average amount. Settlements can close at a five-digit number or run into millions of dollars. The cost of a slip-and-fall accident, for example, can be over $1 million if the victim suffers a spinal or traumatic brain injury. Depending on the at-fault party's insurance coverage and assets, the settlement amount can also fluctuate.

Are Victims' Rights Protected by Insurance Companies? Legal Experts Say No.
In the event of a personal injury, insurance companies will offer the lowest possible settlement value. Without the assistance of an experienced personal injury lawyer, you might find yourself accepting a settlement of $100,000 when, in fact, you may be entitled to a million dollars in compensation.

According to Kevan Montoya of Montoya Hinckley Law Firm, victims' awards from personal injury cases can vary dramatically depending on the quality of their representation. "Victims in a personal injury case may feel insurance companies have the best interests of the victims in mind, but the bottom line is the money involved."

Comparative Negligence in Personal Injury Cases
Some injured individuals may have contributed to their own injuries — for example, by sharing blame for the accident that caused them. Even if you share some percentage of the blame, you still have a claim. Washington State follows what's called a "pure comparative negligence" approach, which means whatever amount you recover will be reduced by the percentage of fault you bear.

The court must apply the comparative negligence rule when awarding damages if your personal injury lawsuit makes it all the way through trial. Don't be surprised if an insurance adjuster raises the issue of shared fault in your case, even if you are only in settlement negotiations.

The Washington Statute of Limitations
The statute of limitations for personal injury claims in Washington state is three years from the date of the accident. The Washington Revised Code, Section 4.16.080, lists the actions that are subject to the three-year statute of limitations. Attempting to file a lawsuit after the statute of limitations has expired can be difficult. A motion to dismiss the case altogether can then be filed by the individual or group named as defendant.

About Montoya Hinckley Law Firm
The attorneys at the Montoya Hinckley Law Firm are Central Washington's premier personal injury attorneys. Montoya Hinckley attorneys offer over 40 years of experience combined in serving Central Washington clients. Kevan Montoya and Tyler Hinckley have represented clients in cases involving wrongful death, business and commercial disputes and employment.

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