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Frequently Asked Questions

Frequently Asked Questions About Personal Injury Claims in Washington State

Being involved in an accident can be a frightening and overwhelming experience. Suddenly, you are faced with physical pain, mounting medical bills, and uncertainty about your future. At Telare Law, we understand the stress and confusion you are feeling. The purpose of this guide is to provide clear, authoritative answers to some of the most common questions we hear from injured individuals and their families across Washington.

We believe that access to accurate legal information is the first step toward justice. This page is designed to empower you with knowledge about your rights and the personal injury process in our state.

What is the very first thing I should do after an accident?
Your absolute first priority after any accident is your health and safety.

  1. Ensure Safety: If you are in a vehicle accident, move to a safe location away from traffic if possible. Activate your hazard lights.

  2. Call 911: Report the accident to the police and request medical assistance, even if you believe your injuries are minor. Some serious injuries, like concussions or internal bleeding, may not have immediate symptoms. A police report is also a critical piece of evidence for your claim.

  3. Exchange Information: Get the name, address, phone number, driver’s license number, and insurance information from all other drivers involved. Also, try to get contact information for any witnesses.

  4. Document the Scene: If you are physically able, use your phone to take pictures and videos of the accident scene. Capture damage to all vehicles, skid marks, traffic signals, road conditions, and your injuries.

  5. Seek Medical Attention: Allow paramedics to evaluate you at the scene and be sure to visit an emergency room or your primary care physician as soon as possible for a full evaluation.

It is strongly advised that you do not speak to the other party’s insurance adjuster or provide a recorded statement without first consulting with an attorney. The goal of the at-fault party’s insurance company is to minimize the amount of money they have to pay on a claim.

Adjusters are trained to ask questions in a way that may lead you to unintentionally say something that could harm your case, such as downplaying your injuries or admitting partial fault. Politely decline to give a statement and inform them that your attorney will be in contact.

Seeking prompt medical care is crucial for two primary reasons. First and foremost, it ensures that all of your injuries are diagnosed and treated properly, protecting your long-term health. Second, it creates an official record that directly links your injuries to the accident.

Insurance companies will often argue that a delay in seeking treatment means the injuries were not serious or were caused by something other than the accident. Your medical records, including doctor’s notes, diagnostic imaging like X-rays and MRIs, and treatment plans, become essential evidence for establishing the extent of your injuries and calculating the damages you are owed.

A personal injury claim is a legal dispute that arises when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm.

In Washington, the goal of a personal injury claim is to provide financial compensation (known as “damages”) to the injured person to “make them whole” again—that is, to restore them as closely as possible to the condition they were in before the incident occurred.

These claims are typically resolved through a negotiated settlement with an insurance company or, if necessary, through a formal lawsuit.

In a Washington personal injury case, you may be entitled to recover several types of damages, which are generally categorized as “economic” and “non-economic.”

  • Economic Damages: These are tangible, calculable financial losses resulting from your injury. They include:
    • Past and future medical expenses (hospital bills, surgery, physical therapy, medication)
    • Lost wages and income from being unable to work
    • Loss of future earning capacity if you are disabled
    • Property damage (such as vehicle repairs)
    • Vocational rehabilitation costs.

  • Non-Economic Damages: These are intangible losses that do not have a specific price tag but are very real consequences of an injury. They include:
    • Pain and suffering
    • Emotional distress and mental anguish
    • Loss of enjoyment of life (inability to participate in hobbies and activities)
    • Disability and disfigurement
    • Loss of consortium (damage to a marital relationship).

There is no simple formula for calculating the value of a personal injury claim, as every case is unique. The final value is determined by a combination of factors, including:

  • The severity and permanency of your injuries.
  • The total amount of your past and projected future medical bills.
  • The amount of your lost income and any impact on your future ability to earn a living.
  • The extent of your pain, suffering, and emotional trauma.
  • The strength of the evidence proving the other party’s negligence.
  • The available insurance policy limits of the at-fault party.


An experienced personal injury attorney can analyze these factors to accurately assess the full value of your claim and ensure you do not accept a lowball settlement offer from the insurance company.

Washington follows a “pure comparative fault” rule. This means that you can still recover damages even if you were partially at fault for the accident that caused your injuries. However, your total compensation will be reduced by your percentage of fault. For example, if you are awarded $100,000 in damages but are found to be 20% at fault, your recovery will be reduced by 20%, and you would receive $80,000.

This rule is established under RCW 4.22.005. Insurance companies often try to assign as much fault as possible to the injured party to reduce their payout, which is a key reason why having an experienced attorney to protect your interests is so important.

In Washington State, the statute of limitations for most personal injury claims is three years from the date of the injury. This is a critical deadline. If you do not file a lawsuit within this three-year window, you will almost certainly lose your right to pursue compensation for your injuries, regardless of how strong your case is.

There are some exceptions for specific circumstances (such as claims against government entities or injuries to minors), so it is vital to contact an attorney as soon as possible to ensure your rights are protected.

The timeline for a personal injury case can vary significantly depending on several factors. A straightforward case with clear liability and minor injuries might settle in a few months. However, more complex cases involving severe injuries, disputed fault, or multiple defendants can take a year or longer to resolve.

A key factor is the time it takes for you to complete your medical treatment and reach “maximum medical improvement” (MMI), as the full extent of your damages cannot be known until that point. While a quick settlement may be tempting, it is crucial not to rush the process and risk accepting less than your claim is worth.

The vast majority of personal injury cases are resolved without ever going to trial. Statistics show that more than 90% of cases settle out of court. A settlement is a voluntary agreement reached between you, your attorney, and the insurance company.

However, the credible threat of going to trial is often what compels an insurance company to make a fair settlement offer. Therefore, it is essential to work with a law firm that has the experience and willingness to take your case to court if the insurance company refuses to negotiate in good faith.

Hiring a personal injury lawyer levels the playing field. Insurance companies are multi-billion dollar corporations with teams of adjusters and lawyers dedicated to protecting their bottom line. An experienced attorney acts as your advocate, handling all communications with the insurance company, gathering the necessary evidence to build a strong case, and negotiating to maximize your compensation.

Studies have shown that, on average, accident victims who hire a lawyer receive significantly higher settlements than those who do not, even after accounting for attorney fees.

At Telare Law, we handle personal injury cases on a contingency fee basis. This means you pay no upfront attorney fees. We only get paid if we successfully recover compensation for you through a settlement or verdict. Our fee is a percentage of the total recovery. This arrangement allows everyone, regardless of their financial situation, to have access to high-quality legal representation.

We also typically advance the costs of litigation (such as filing fees and expert witness expenses), which are then reimbursed from the settlement. We will explain the fee structure and all potential costs to you in detail during your free, no-obligation consultation.

While we handle a wide range of personal injury cases, our firm has a particular focus on the complexities of commercial trucking accidents. Attorney George E. Telquist has been recognized by Super Lawyers as a “Rising Star” for his work in this challenging area of law. Trucking accident cases are fundamentally different from car accident cases.

They involve a complex interplay of state and federal laws, including the Federal Motor Carrier Safety Regulations, and require a deep understanding of issues like driver fatigue, improper loading, and negligent maintenance. We have the specialized experience to investigate these cases thoroughly and hold negligent trucking companies and their insurers accountable.

Traffic accidents are a leading cause of preventable death and serious injury in Washington. The trends are deeply concerning. According to the Washington State Department of Transportation (WSDOT):

  • In 2023, there were 810 traffic fatalities on Washington roads, a 9.0% increase from the previous year.
  • Since 2014, the number of people killed in traffic incidents has increased by 3%.
  • In 2023, there were 3,413 serious injuries, a 10.0% increase from 2022.

These are not just statistics; they represent lives shattered and families devastated by preventable accidents. WSDOT notes that these increases are linked to a rise in risk-taking behaviors like speeding and impaired driving.
Understanding the rules of the road is essential. While there are many traffic laws, here are a few that are frequently relevant in personal injury cases. The full text can be found on the Washington State Legislature’s website.
  • Right-of-Way at Intersections (RCW 46.61.180): When two vehicles approach an uncontrolled intersection at roughly the same time, the driver of the vehicle on the left must yield the right-of-way to the vehicle on the right.
  • Vehicle Turning Left (RCW 46.61.185): A driver intending to turn left must yield the right-of-way to any vehicle approaching from the opposite direction that is close enough to be a hazard.
  • Following Too Closely (RCW 46.61.145): A driver shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway. This is often the key statute in rear-end collision cases.
  • Using a Personal Electronic Device While Driving (RCW 46.61.672): It is illegal in Washington for a driver to hold a personal electronic device (like a cell phone) in their hand or use their hand to operate one while driving. This includes composing or reading texts, emailing, or watching videos. This law is critical for proving distracted driving.

Section F: Additional Legal Resources in Washington

While Telare Law is here to provide expert legal representation for your injury claim, we also believe in empowering the public with access to information. The following non-profit and academic organizations offer valuable legal resources for Washington residents.

 

This content has been prepared and reviewed by:

The team at Telare Personal Injury Attorneys and George E. Telquist, Attorney at Law

Founder, Telare Law

George E. Telquist is an experienced personal injury attorney dedicated to representing victims of negligence throughout Washington State. He is a graduate of a respected law school and is admitted to practice in Washington. Mr. Telquist has been recognized by Super Lawyers as a “Rising Star” for his work in complex litigation, including cases involving serious trucking accidents.

Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a qualified attorney. Contacting Telare Law does not create an attorney-client relationship.

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