Have you been involved in a serious auto accident or a pedestrian accident on the streets and highways of the State of Washington? Are you unsure on the general course of action to take? Here’s some important considerations to keep in mind:

What should I do first?

When you have been injured by someone else’s negligence, it is important to take certain initial steps toward making sure your injury claim is properly documented. It is critical to preserve all types of potential evidence that supports your claim for injuries. This can increase your chances that your case can be resolved fairly and as quickly as possible:

  • Write down everything you can remember about how the injury occurred, including the names, addresses and phone numbers of potential witnesses, police officers, insurance company representatives (or company or workers’ compensation representatives if it was a work injury);
  • Talk to an experienced personal injury lawyer before making any statements, written or verbal, to insurance company adjusters or representatives;
  • Let any responsible party you think may be responsible for the injury know right away that you are intending to file a claim against them;
  • Take steps to protect any evidence you may need to prove your injury, such as your totaled car, photographs of an accident or injury scene, clothing you were wearing, damaged personal belongings, and so forth;

Whose fault is the accident?

In most cases, in order to collect on an injury claim in Washington, you must prove the person who caused the injury was “negligent”, which is defined as a failure to exercise ordinary care. In Washington, you must prove:

  • The existence of a duty owed to you by the person who caused your injury
  • The other person failed to carry out the duty that they owed you
  • You suffered damages
  • The other person’s failure caused you to have the injury

If you were careless, and your carelessness contributed to your injury, the amount you can recover will be reduced in proportion to your carelessness under Washington comparative negligence law.

Under Washington law, where two individuals are each responsible to you for the injury because they were both careless, each person is responsible for a proportionate amount of the total damages.

What Is My Claim Worth?

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