Des moines, wa car accident lawyer
At the Khan Law Firm, PLLC, we understand how difficult the aftermath of a severe traffic collision can be. We know that it can take weeks, months, and sometimes years to recover from an injury, and in some instances, we understand that plaintiffs are injured so severely that they can never return to life before the accident. When another driver’s negligence causes a crash, the injury victim can feel trapped by mounting medical bills, medication costs, and the added difficulty of lost wages. Car accident victims in Des Moines should not have to deal with the additional frustrations of handling an auto accident claim. An experienced Des Moines, WA car accident lawyer can advocate for your rights.
If you have been injured in a serious car accident in Des Moines, Washington, it is important to reach out to an experienced personal injury attorney as soon as possible. You may be eligible to file a claim for financial compensation. We can speak with you today about your options.
Washingon state car accident law and personal injury claims
In Washington, car accident lawsuits arise under a broader area of the law known as personal injury law. According to a definition from the Cornell Legal Information Institute (LII), personal injury is “an injury not to property, but to the body, mind, or emotions.” Personal injury law recognizes that plaintiffs have a cause of action when a negligent party—such as a distracted driver or an aggressive driver—causes a serious accident that results in the plaintiff’s injuries. In some cases, the injuries might be entirely physical. In other cases, however, the plaintiff also may experience emotional suffering and, depending upon the severity of the accident, the loss of enjoyment of life. Under personal injury law, the plaintiff may be eligible to receive damages for any and all of these losses.
However, there is a time window in which the plaintiff must file a claim in order to remain eligible for financial compensation. This time window is known as the statute of limitations. Under Washington law (Revised Code of Washington Section 4.16.080), injury victims must file a lawsuit within three years from the date that the injury occurred. As such, if you were injured in a car accident that took place, for example, on December 31, 2015, you must file your injury claim within three years from that date.
Damages in a des moines, wa car accident lawsuit
When you file a car accident lawsuit, what kinds of damages can you be eligible to receive? Generally speaking, injured plaintiffs can expect to seek compensatory damages. There are two different types of compensatory damages as defined under Washington law (Revised Code of Washington Section 4.56.250), which include:
- Economic damages: these are damages connected to “objectively verifiable monetary losses, including medical expenses, loss of earnings, burial costs, loss of use of property . . . loss of employment, and loss of business or employment opportunities.”
- Non-economic damages: these are damages connected to “subjective, nonmonetary losses, including, but not limited to pain, suffering, inconvenience, mental anguish, disability or disfigurement incurred by the injured party, emotional distress, loss of society and companionship, loss of consortium, injury to reputation and humiliation, and destruction of the parent-child relationship.”
As you might imagine, non-economic damages tend to be more controversial than economic damages since they do not come with a precise dollar figure. Given that this form of damages tends to be debated, many states have laws that limit non-economic damages, and Washington is one of those states. The statute makes clear that, in any personal injury case, a plaintiff cannot “recover a judgment for noneconomic damages exceeding an amount determined by multiplying 0.43 by the average annual wage and by the life expectancy of the person incurring noneconomic damages.” Through this formula, the statute aims to make non-economic damages more streamlined.
Unlike other states, it is also important to know that Washington does not allow injured plaintiffs to recover punitive damages in personal injury lawsuits, according to a discussion from the University of Washington School of Law. Punitive damages do not aim to compensate an injury victim, but instead aim to punish a defendant and to deter similar behavior (to that which caused the accident) in the future.
Types of injuries in a des moines, wa car accident
What are some of the more common injuries that result in successful Des Moines car accident claims? At the Khan Law Firm, PLLC, we regularly assist clients who have sustained many different types of injuries in motor vehicle crashes, including but not limited to:
- Head and neck injuries, including traumatic brain injuries (TBIs), spinal cord injuries (SCIs), and whiplash;
- Back injuries;
- Knee and leg injuries;
- Bruises and lacerations;
- Fractures and broken bones, including facial fractures and compound fractures;
- Disfigurement;
- Scarring;
- Other catastrophic injuries.
As an article from WebMD.com explains, whiplash is a common injury in many car accidents, including even crashes that do not seem to be particularly severe. Given that it can take hours, and sometimes even longer, for injuries such as whiplash to present themselves, it is always important to seek medical attention as soon as you have been involved in a traffic collision. You should be assessed by a medical professional so that you can receive proper treatment. Moreover, you will need to keep medical records related to your injuries to help prove your case.
Seek advice from an experienced des moines, wa auto accident lawyer
Were you recently injured in a serious car accident? Did someone you love sustain injuries in a traffic collision? Regardless of the seeming severity of the accident, we know that even a fender bender can result in devastating and acute injuries that can have lifelong consequences. If another driver’s negligence caused the accident, that driver should be held liable. It is important to speak with an experienced auto accident lawyer in Washington to learn more about filing a claim for financial compensation. Contact the Khan Law Firm, PLLC today to discuss your case.