In 2023, Washington State recorded its highest car accident fatalities in 30 years. According to the Washington Traffic Safety Commission, there were 810 traffic-related deaths. The figure was 10% more than in 2022.
Olympia has seen its fair share of traffic violations. Road closures and interstate repairs have led to hours-long delays, resulting in hot-headed drivers taking their frustrations out on each other.
Local news reported a huge accident last year when a semi-truck carrying corrosive substances overturned on Interstate 5. The road was closed in both directions for more than five hours. Although no injuries were reported, things could have ended very differently in the form of a personal injury claim.
Let’s say for instance you were injured in a car accident in Olympia, Washington. Do you know what the procedure is when filing a personal injury claim?Â
Personal injury cases have many different pieces that fit together to form a plausible argument for negligence and damages. In this article, we’ll look at the stages of filing a personal injury claim.
#1: Seek Immediate Medical Attention
Whether someone rear-ended your car or you were involved in a physical altercation, the procedure stays the same if you were injured.
Always seek immediate medical attention in an emergency room or with your primary care physician. Not only does a medical examination and diagnosis provide a paper trail, but it’s also the basis for key evidence.
#2: Document Everything
It might sound self-explanatory, but having physical evidence in the form of medical bills, police statements and anything related to the injury will count in your favor.
A personal injury lawyer will review the documents during your initial consultation, says Freeman Law Firm, Inc. Thereafter, they’ll decide the strength of your case.
#3: Choosing a Personal Injury Lawyer
Don’t just set your sights on one personal injury attorney. According to Forbes Advisor, talk to several lawyers and base your decision on experience, costs and their honest assessment of your case. A definite red flag is bragging about how easy it would be to win the claim.
A good lawyer will give you a frank overview of where they see the case going. They’ll act in your best interest if it’s not worth taking up the fight. They should then offer their advice on the second-best legal route to take.
#4: Establish if Negligence was Involved
The legal basis for personal injury law states that if you’ve suffered an injury, loss or damage due to someone else’s negligence, you can claim compensation from that person.
Your lawyer’s job is to establish if the defendant was negligent or failed to act, resulting in the injury. Proving negligence can be difficult at times. If your reason for not enlisting the help of a lawyer is costs, you’re going to be drowning in a sea of unknowns.
Unless you have an acute understanding of personal injury law, you’re going to have a hard time navigating the legal system.Â
A personal injury lawyer is your legal representative on all fronts. Having someone negotiate on your behalf lessens the stress and anxiety of dealing with the case.
#5: Filing Your Claim
A service of process informs all parties involved of the intent to file a claim or suit. The official document is usually delivered by a professional process server or a court official.
It’s an essential step in any civil lawsuit and signifies that the court has jurisdiction over the defendant(s).
Once the service of process is completed, the plaintiff has to file a proof of service with the court.
Then a personal injury lawsuit is filed. An initial pleading stage follows where both parties engage in discovery and exchange documents. Settlement talks or mediation could start as early as this phase to keep the case from going to trial.
#6: Settle or go to Court?
That’s a tough one to answer. Chances are you’ll be presented with several settlement offers from lawyers for the defendants. Your lawyer will let you know if you are getting a fair settlement figure or not. The decision is only yours to make.
If you agree the settlement is nowhere close to fair, the next step is a court trial. But you won’t have any guarantee that the outcome will be favorable. A judge or jury will decide if the defendant(s) were guilty of negligence and how much compensation the plaintiff should get.
Whether you’re in New York or Olympia and pursuing a personal injury case, make sure you get the best legal representation possible. A good lawyer who knows their way around personal injury law is starting on the right foot.