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Caron, Colven, Robison & Shafton CCRS Law
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9 months ago
Bill Robison is a great personal injury attorney. I was fortunate enough to have friends in the field of law that knew Bill. … More He came highly recommended as an attorney to represent me after a recent auto accident injury. I gave him a call and boy am I glad I did! First of all, he knew quite a bit about my injury and helped me navigate finding the right doctors and treatments. Even with a good primary care physician, I couldn’t quite seem to figure out a roadmap that would help me address my injury and pain. But most importantly, he did a great job negotiating an excellent settlement for me. Not only that, Bill was able to make this happen before our court date. For a personal injury attorney, I would go no where else. Thank you Bill Robison! I am so glad to know you. -
3 years ago
Through a tough and complicated estate closure involving a business with thousands of customers, high back taxes, multiple … More checking accounts and subpoenas and bankruptcy, we are eternally grateful to have worked with Ben Shafton, who guided us all the way. He was always available by email and phone with excellent advice while following up with quick action and fair pricing. My family highly recommends this law firm. -
4 years ago
Bill Robison left no stone unturned while investigating our case. He is one of the most intelligent people I have ever met. … More That combined with his passion and integrity make him a top notch attorney. Ben Shafton was also a big help and to which I owe a huge thank you. The office assistant, Tammy, was a true gem in answering all of my questions and always kept me informed. I can honestly say I would not have made it through this process without their team. To all of them I am eternally grateful. Trina Cortese
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Vancouver, Washington Lawyers
Caron, Colven, Robison & Shafton
https://ccrslaw.com
900 Washington Street Suite 1000
Vancouver, WA 98660
Phone: 360.699.3001
Vancouver, WA 98660
4.2 stars -
based on 20 reviews (as of 02/10/2020)
Washington Car Accident Compensation Laws
/in Laws & Legislation /by Vancouver LawyersWashington’s “At Fault” and “Pure Comparative Negligence” Laws
Washington State’s negligence laws require that you give proof that another person was at “fault” for the car accident so you can recover damages for injuries sustained as a result of the incident.
Thankfully, for drivers who could potentially be at fault at least partially, Washington follows the pure comparative negligence law, which gives most injured parties to recover at least partial damages for their injuries. This guideline makes the court attribute percentages of fault to each driver involved in an accident and then reduce any damages accordingly. The primary component of pure comparative negligence is that if a driven is at 99% fault for a car accident, they can still recover 1% of that driver’s damage award.
If you sustained minor injuries, know that the State legislature requires mandatory arbitration of all claims less than $15000, and in certain counties, the limit is raised to $50,000.
The table below provides a more technical approach to Washington Car Accident Compensation Laws:
source: FindLaw
Types of Damages
Washington defines economic and non-economic damages by law. Economic damages are “objectively verifiable monetary losses” and include, but not limited to, medical expenses, loss of earnings, burial costs, and cost of replacement or repairs. Washington also defines non-economic damages as subjective, nonmonetary losses, including pain, suffering, inconvenience, mental anguish, injury to reputation and humiliation, and destruction of the parent-child relationship.
Examples of car accident damages are:
Washington State’s Limits on Damages
Washington caps non-economic damages to an amount equivalent to the average annual wage multiplied by the life expectancy of the injured party, with the life expectancy never being lower than 15 years. Washington is one of the few states that does not allow the court to award any punitive damages in personal injury cases. However, if your car accident was the result of the willful or malicious act of a minor, know that you may recover damages from that minor’s parents, but your compensation will be capped at $5,000.
Multiple states have deadlines or statutes of limitations which requires the injured party to wait a certain amount of time before filing a lawsuit. Washington’s statute of limitations is three years, meaning you must submit a claim within three years of the date of the accident, regardless if you’re trying to recover compensation for an injury to real property like your house, or personal property, like your car, or to a person, like a broken arm.
Washington in addition to requiring a claim submission within three years if the party is injured by a government entity, requires a mandatory waiting period of 60 days before any action begins.
Here Are Washington State’s Negligence Laws
/in Laws & Legislation /by Vancouver LawyersState Negligence Laws Overview
Negligence is the term used for when you fail to practice an appropriate level of care, resulting in injuries to another person. When a motorist doesn’t wear their glasses, which is required by their driver’s license, and causes an accident that injured another individual, this would be considered negligent driving. Most claims, such as medical malpractice or personal injury, are primarily based on negligence.
Contributory Fault
Typically state negligence laws are the same because they’re based on federal law, however, they usually differ when it comes to fault. In Washington State, for example, contributory fault lowers in correlation to the damages amount but does not bar recovery.
For example, a plaintiff could only claim 70% of their damages for injuries if the court finds that they were 30% responsible for the accident. Some states don’t allow recovery at all if the plaintiff is even partially responsible, but they are slowly moving away from this and are now considering levels of contributory fault.
What are the Elements of a Negligence Claim?
To prove a defendant’s negligence, the plaintiff must demonstrate the following five elements:
The jury or judge has to decide whether these elements are there to determine negligence.
The basics of Washington negligence laws are listed below.
source: Findlaw
How Are Pain and Suffering Damages Awarded After a Car Accident?
/in Car Accidents /by Vancouver LawyersWere you injured in a car accident caused by another driver’s negligence? If so, you could be entitled to earn financial compensation for injuries followed by a car accident including hospital bills and vehicle repair costs. Be aware that the amount of compensation given can highly differ based on the accident’s jurisdiction and how the accident transpired. Continue on to discover the process of a car accident claim.
Different Kinds of Damages
In multiple jurisdictions, injury suits create damages which are split into two distinct categories: special damages and general damages. Special damages refer to damages distinguished by economic harm like wage losses from missed work, vehicle or property damage, and medical bills. However, general damages blanket “non-economic damages” which include:
Pain and suffering
Physical disfigurement or impairment
Potentially shortened lifespan
Mental anguish
Loss of reputation
Loss of companionship
Loss of enjoyment of life
Emotional distress
Calculating Car Accident Pain and Suffering Damages
Damages like property harm or hospital expenses are usually simple to determine as they can easily be proven via receipts for medical costs or quotes from a vehicle repair shop. However, pain and suffering caused by a car accident are a lot harder to prove in comparison to the previous damages tangibly. There is little tangible evidence that can permit someone from assessing the amount of pain and suffering the victim is going through or how much money should sufficiently compensate the victim for their suffering.
In legal practice, there are several factors that courts use to determine what damages should be awarded to the victim for pain and suffering, they are:
Severity of the injury
Location and nature of any scarring or disfigurement
Recovery time needed
Potential for ongoing consequences
Amount claimed in special damages
Socio-economic or political factors
Personality and charisma of the injured party
Personality and charisma of the attorney
State damages caps
The ‘Multiplier’ Method
Some lawyers utilize the multiplier method to determine pain and suffering damages. This method requires a lawyer to use a multiplier on the total special damages. The idea is to use easier to account for injuries such as hospital bills and property damage and weigh them more than the harder to calculate damages that result in injuries. While this is frequently the case in the majority of car accidents, there are two issues this method has that is often critiqued.
As evident from the above, the multiplier method isn’t always perfect, however, it does provide a start to determining how much a car accident victim should be awarded for pain and suffering damages.
Get Legal Assistance Now
Objectively presenting car accident pain and suffering damages can be incredibly difficult, this is where an experienced car accident attorney can make a huge difference in how much compensation you may recover in a claim. A Vancouver car accident lawyer can review and provide crucial information regarding your case and can level with insurers and local juries if you decide to make a claim. Contact CCRS Law today to learn how you can begin taking the necessary steps in earning financial compensation for injuries caused by another driver’s negligence.
Washington Distracted-Driving Law is Here: What to Know
/in Laws & Legislation /by Vancouver LawyersAs of Sunday, July 23rd, it will now be illegal to use a cell phone or handheld device while on the road in the state of Washington.
As outlined in the state’s new distracted-driving law informational pamphlet, residents in the state of Washington will no longer be allowed to use a handheld cell phone while operating a motor vehicle. Following a six month grace period where Washington State Patrol will issue warnings and provide education on the subject, first offenders will be fined $136 with an increase to $234 for a second offense.
This law applies to anyone in the driver’s seat of a vehicle currently on the road, prohibiting other devices like tablets or computers, as well. Even while stopped, drivers will not be allowed to talk on the phone, send or receive messages, or watch videos. So far, exceptions include those using a hands-free device accessible with a single button press, those who are parked and out of the flow of traffic, or those contacting emergency services.
While some departments are intent on applying the few months grave period, others are determined to put the law into effect immediately. “Why wait six months, when sometimes the only message that will get through to people to change their behavior is actually to receive a citation?” said Sgt. Cindi West of the King County Sheriff’s Office.
In addition to electronic devices, this law also covers other kinds of distractions drivers may be susceptible to while at the wheel. Activities, like eating or doing hair and makeup, are considered a secondary offense officers can cite if they have already pulled over a driver for another offense like speeding or reckless driving. The standard fine is set at $99, an increase from the previous fine of $30. By comparison, DUI-E (driving under the influence of electronics) is now considered a primary offense that can get a driver pulled over all on its own.
While police admit that it would be impossible to ensure no one will ever use a cell phone while driving again, the aim of this law is to change public action using it as a deterrent. It is hoped that this will enact the same kind of change that seat belt laws did in the past (Washington has a 95% seat belt usage rate, for reference). Time will tell whether or not things will play out as such.
How Personal Injury Law in Washington State Can Affect You
/in Personal Injury /by Vancouver LawyersAlthough it’s always better to avoid bodily injuries, it’s impossible to control or account for every potential outcome. If you’ve been harmed in Washington state, it’s in your best interest to understand how personal injury laws work.
What Is Personal Injury Law?
Personal injury laws are designed to help victims recover following an injury incident. They can facilitate various actions, such as paying for medical bills that you incurred as a direct result of the injury or offsetting the wages that you lost due to being unable to work while you’re injured. By filing a lawsuit against the party or parties that you believe are at fault for your injury, you may be able to win monetary compensation, also known as damages.
Proving Liability in Washington State
Liability is an important concept in the world of personal injuries. Being liable means having contributed to the incident in a manner that somehow resulted in the victim getting hurt. The burden of proof, or responsibility for proving that someone else was liable, rests on you.
In Washington, different kinds of injury circumstances may have different requirements for determining liability. For instance, if you’re harmed by a health care provider, you have to prove that your injury was the result of treatment you didn’t agree to, that your caregiver failed to meet accepted professional standards or that you were promised that the injury wouldn’t occur. On the other hand, if you were hurt by a rescue volunteer or emergency worker who was trying to aid you, courts may be legally prohibited from finding that individual liable if they acted in good faith. The nuances of each circumstance affect the steps you’ll need to take to establish liability.
The Importance of Legal Representation
As you’ve probably figured out by now, there’s no single personal injury law in Washington state. Instead, the rules are defined in some separate statutes and codes that apply to different circumstances and forms of harm.
Before filing an injury lawsuit, you need to know which of the laws apply and what kinds of damages you’re allowed to pursue. For example, if you contributed to an incident where another motorist negligently caused you harm, you may be limited to claiming a certain fraction of the damages.
Your chances of winning a court case depend on how you formulate your legal arguments. Working with a personal injury attorney is vital to avoiding mistakes that might get your case thrown out or delay a judgment. In addition to helping you overcome potential pitfalls, legal representatives play a vital role in managing your lawsuit so that you can focus on healing.