Were 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.
- Arbitrary multipliers: Commonly, lawyers will use a variety of multipliers with this method. One lawyer could triple the special damages whereas a different attorney could only double them. Neither choice is incorrect, but with the different variety of multipliers between calculations typically results in inconsistencies.
- Possibly misleading results: A clothing model who was disfigured as a result of a car accident could have lower medical bills than a computer engineer who broke some bones. Their injuries, however, could potentially result in significantly more emotional and psychological trauma, primarily because models heavily rely on their physical looks to earn their wages.
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.
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.
Understanding Personal Injury Laws in Washington State
/in Personal Injury /by Vancouver LawyersIf you have been injured in the state of Washington, you will have a limited amount of time to file a lawsuit against the negligent party. It is imperative that you contact an attorney right away to ensure that you do not miss the date that you need to file your claim.
The Statute of Limitations
The time that you can file your lawsuit is called the “statute of limitations,” and it is different for various types of claims. If you fail to file your lawsuit within the statute of limitations, you forfeit your right to sue the at-fault party forever. For example, if you suffered an accident that is the fault of another, you have three years in Washington to file your claim. If you fail to file the lawsuit within the three-year period, you will never be able to take the guilty party to court in the future.
Pure Comparative Negligence
Washington law uses “pure comparative negligence” in determining who is at fault. This means that you can be assigned a portion of the blame for your injuries. The court will determine how much the plaintiff will be ordered to pay you, but it will be reduced by the amount of blame that you receive. For example, the jury may decide that the at-fault party deserves 65% of the blame for the accident and that you deserve 35%. Your award will, therefore, be reduced by 35% to account for your portion of the blame.
The Damages
If the jury determines that the plaintiff truly is at fault for your injuries, the court will determine how much the guilty party must pay you in damages. Damages are the amount of money that you receive to compensate you for the accident. For example, you may have missed work because you were too injured to work, and may also have medical bills to pay for the injuries that you suffered. Your vehicle may have been damaged and must be repaired. You may need some rehabilitation to recover fully from your injuries. The damages that you are awarded can be used for all of these things.
Alternatives to Court
Some people prefer not to take their personal injury cases to court because it is so expensive and time-consuming. You do have the right to file a personal injury lawsuit in small claims court, but you will need to receive the judge’s permission to have an attorney with you. You may also avoid court in the state of Washington by having your case heard at the Washington State Dispute Resolution Center.
What is A Personal Injury Attorney and How Can they Help Me?
/in Uncategorized /by Vancouver LawyersA personal injury attorney is a civil litigator who offers legal representation to individuals who have suffered psychological or physical injury, due to the negligent actions of another person or entity. A personal injury attorney deals in a field of law called tort law that covers civil wrongs or injuries and also includes the breach of contracts and defamation. The primary aim of tort law is to compensate the injured person.
Types of Personal Injury Cases
How Can A Personal Injury Attorney Help Me?
The typical tasks of a personal injury attorney include evaluating the strength of any given case, investigating claims, gathering evidence, researching case law, formulating legal theories, drafting motions, pleadings and discovery, preparing for trial, interviewing witnesses and counseling clients.
A personal injury attorney will help a plaintiff get compensated for losses that include pain and suffering, emotional distress, medical expenses, loss of companionship, losing your earning capacity, attorney fees, and legal costs.
How to Handle a Car Accident
If you are involved in a car crash, there are several things you can do to uphold your rights. The following are some essential things to consider:
If you or a someone you know is involved in a car accident, you need to consult our dedicated Vancouver personal injury attorneys today. Our attorneys at CCRS Law will assist you in handling the auto insurance company and provide you with legal representation if the case goes to trial.