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  • About Us
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  • Our Team
    • Attorney Zach Herschensohn
    • Attorney Robert Fulton
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    • Personal Injury
    • Car Accidents
    • Motorcycle Accidents
    • Pedestrian Accidents
    • Workplace Injury
      • Maritime Accidents
      • FELA Accidents
    • Slip and Falls
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    • Sex Abuse
    • Medical Malpractice
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    • FAQ
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  • Areas We Serve
    • Kent, WA
    • Seattle, WA
    • Ellensburg, WA
    • Graham, WA
    • Chehalis, WA
  • Contact
  • About Us
    • Our Firm
    • Results
    • Community Involvement
  • Our Team
    • Attorney Zach Herschensohn
    • Attorney Robert Fulton
  • Practice Areas
    • Personal Injury
    • Car Accidents
    • Motorcycle Accidents
    • Pedestrian Accidents
    • Workplace Injury
      • Maritime Accidents
      • FELA Accidents
    • Slip and Falls
    • Dangerous Drugs
    • Sex Abuse
    • Medical Malpractice
  • Resources
    • Blog
    • Media
    • Podcast
    • Testimonials
    • FAQ
    • Press
  • Areas We Serve
    • Kent, WA
    • Seattle, WA
    • Ellensburg, WA
    • Graham, WA
    • Chehalis, WA
  • Contact
  • About Us
    • Our Firm
    • Results
    • Community Involvement
  • Our Team
    • Attorney Zach Herschensohn
    • Attorney Robert Fulton
  • Practice Areas
    • Personal Injury
    • Car Accidents
    • Motorcycle Accidents
    • Pedestrian Accidents
    • Workplace Injury
      • Maritime Accidents
      • FELA Accidents
    • Slip and Falls
    • Dangerous Drugs
    • Sex Abuse
    • Medical Malpractice
  • Resources
    • Blog
    • Media
    • Podcast
    • Testimonials
    • FAQ
    • Press
  • Areas We Serve
    • Kent, WA
    • Seattle, WA
    • Ellensburg, WA
    • Graham, WA
    • Chehalis, WA
  • Contact
Contact

Common Missteps Following An Accident

Accidents, whether minor or severe, can be disorienting and stressful. In the heat of the moment, it’s easy to make mistakes that could potentially affect any future claims or legal proceedings. Our friends at Ward & Ward Personal Injury Lawyers can attest to the importance of avoiding certain pitfalls that can complicate your situation post-accident. Here’s a look at some common errors to steer clear of and how to handle the aftermath of an accident more effectively.

Not Prioritizing Health And Safety

The immediate aftermath of an accident can be chaotic. However, your first priority should always be health and safety. Ensure that you and anyone else involved are safe and receive medical attention if needed. Sometimes, the adrenaline rush can mask pain or injuries, so it’s crucial to get a medical evaluation even if you feel fine. Delaying medical care not only risks your health but can also weaken any potential personal injury claims.

Failing To Document The Scene

A common oversight is failing to properly document the accident scene. If you’re able to, take photographs of the vehicles, any visible injuries, and the surrounding area. This documentation can provide crucial evidence for insurance claims and any legal proceedings. Also, if there are witnesses, try to get their contact information. Their accounts can be valuable in piecing together what happened.

Admitting Fault Prematurely

In the confusion that follows an accident, you might be tempted to apologize or admit fault. It’s natural to want to express sympathy, but these statements can be misconstrued as an admission of liability. It’s best to limit your conversation about the accident and avoid discussing fault until you’ve spoken with a lawyer. Remember, determining liability involves many factors and is best left to professionals.

Overlooking The Importance Of A Police Report

Even in minor accidents, it’s important to file a police report. A formal report provides an unbiased account of the accident and can be crucial when dealing with insurance companies or if legal action is necessary. Some people choose not to involve the police, especially in minor accidents, but this decision can lead to complications later on.

Settling Too Quickly With Insurance Companies

Insurance companies often aim to settle claims quickly and inexpensively. It’s tempting to accept the first offer to get the ordeal over with, but these initial offers are often much lower than what you may be entitled to. Before accepting any settlement, it’s wise to consult with your personal injury lawyer.

Neglecting To Follow Up On Treatment

If you’ve been injured, it’s important to follow through with all recommended medical treatments and appointments. Not only is this crucial for your health, but it also demonstrates the seriousness of your injuries. Inconsistent treatment or gaps in medical care can be used by insurance companies to argue that your injuries are not as severe as claimed.

Contact A Lawyer Today

Accidents are always unexpected, but being prepared and knowing what mistakes to avoid can significantly impact the outcome of any legal or insurance proceedings. Don’t hesitate to reach out to a professional for advice tailored to your unique situation.

Our results speak for themselves

$1.6m
SETTLEMENT

After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.

$1.25m
SETTLEMENT

When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.

$950k
SETTLEMENT

When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.

VIEW MORE RESULTS
CONTACT HERSCHENSOHN LAW

Hurt? Let our law firm handle the details

When you request your free consultation, Kent personal injury attorney Zach Herschensohn will listen to you, answer your questions, lay out your legal options, and give you down-to-earth legal advice.

When you work with our law office, there are no obligations, hidden fees, or fine print. It’s that simple.

Request your free case evaluation

We’ll meet with you to help you understand your legal options and what to do next.

Enter your contact information:

Disclosure(Required)
This field is for validation purposes and should be left unchanged.

We’re proud to fight—and win—for injured people in Kent, Washington. View our case results to learn more.

VIEW RESULTS

Poor Road Condition Impacts On Accidents

Road conditions play a significant role in the safety of motorists on our streets and highways. From potholes to inadequate signage, a variety of factors can contribute to car accidents. Even though it might seem strange, bad roads can still lead to legal cases whether that is against a driver who was not paying attention or even against the municipality in charge of the roads. Poor road conditions can lead to car accidents and the legal implications for those involved. Our friends at Tuttle Larsen, P.A. are here to shed light on this important topic.

Understanding The Risks Of Poor Road Conditions

When roads are poorly maintained or designed, they can create hazards for drivers. Potholes, uneven surfaces, and debris on the road can cause vehicles to lose control, leading to accidents. Inadequate lighting and signage can also increase the risk of collisions, especially at night or in inclement weather conditions. Infrastructure deficiencies such as narrow lanes, sharp curves, and lack of guardrails can contribute to accidents, particularly on highways and rural roads. Poorly designed intersections and merging lanes can also lead to confusion among drivers, increasing the likelihood of collisions.

If the roads are bad on a regular day, then they can be worse depending on the weather. Adverse weather conditions can exacerbate the impact of poor road conditions on car accidents. Rain, snow, and ice can make roads slippery and reduce visibility, making it more challenging for drivers to navigate safely. Combined with existing road defects, inclement weather can create a recipe for disaster on our roadways. Weather can complicate things because even though you have no control on icy roads, you can still be found at fault for an accident if you lose control and run into someone.

Legal Considerations For Victims

Victims of car accidents caused by poor road conditions may have legal recourse to seek compensation for their injuries and damages. However, navigating the legal process can be complex, requiring the expertise of a car accident lawyer who understands the intricacies of personal injury law.

Proving liability in car accidents involving poor road conditions can be challenging. It may require a thorough investigation to gather evidence demonstrating that the government agency responsible for road maintenance or design failed to fulfill its duty to ensure safe conditions for drivers. For example, if a stop sign was missing, it must be proven that the organization in charge of that road knew it was down and did not try to replace it promptly.

Victims of car accidents caused by poor road conditions may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages. An experienced lawyer can help victims pursue the full and fair compensation they deserve.

Additionally, addressing poor road conditions is essential for preventing future accidents and ensuring the safety of all road users. Advocating for infrastructure improvements and holding responsible parties accountable can help make our roads safer for everyone. If you’ve been injured in a car accident caused by road defects, it’s essential to seek legal guidance from a knowledgeable lawyer. Reach out to a lawyer near you immediately if you or someone you love has been involved in a car accident.

Our results speak for themselves

$1.6m
SETTLEMENT

After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.

$1.25m
SETTLEMENT

When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.

$950k
SETTLEMENT

When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.

VIEW MORE RESULTS
CONTACT HERSCHENSOHN LAW

Hurt? Let our law firm handle the details

When you request your free consultation, Kent personal injury attorney Zach Herschensohn will listen to you, answer your questions, lay out your legal options, and give you down-to-earth legal advice.

When you work with our law office, there are no obligations, hidden fees, or fine print. It’s that simple.

Request your free case evaluation

We’ll meet with you to help you understand your legal options and what to do next.

Enter your contact information:

Disclosure(Required)
This field is for validation purposes and should be left unchanged.

We’re proud to fight—and win—for injured people in Kent, Washington. View our case results to learn more.

VIEW RESULTS

Steps After A Car Accident

Experiencing a car accident can be overwhelming, leaving you unsure of what to do next. It’s crucial to take the right steps immediately after the accident not only for your safety but also to ensure that your rights are protected. This guide will walk you through the essential steps to take following a car accident.

Ensure Safety First

The immediate aftermath of a car accident can be chaotic. Your first priority should always be safety. Check yourself and others for injuries. If anyone is hurt, call 911 immediately. Even if injuries seem minor, it’s essential to seek medical attention as some symptoms may appear later. If the vehicles are causing a hazard and can be moved, relocate them to the side of the road. However, if the vehicles cannot be moved or there are severe injuries, leave them as they are.

Report The Accident

It’s important to report the accident to the police. A police report is a crucial document when filing an insurance claim and can be valuable if legal issues arise. When the police arrive, provide an honest account of what happened, but avoid admitting fault or making speculative statements.

Document Everything

Gather as much information as possible from the accident scene. Take photographs of the vehicles, road conditions, traffic signs, and any injuries. Exchange contact and insurance information with the other driver, but limit the conversation about the accident itself. Get contact details from witnesses, as their statements could be vital later.

Notify Your Insurance Company

Inform your insurance company about the accident as soon as possible. Be honest and provide them with all the necessary details. Understand your insurance coverage so you can know what to expect in terms of vehicle repairs and medical coverage.

Seek Legal Advice

As our friends at the Law Office of Daniel E. Stuart, P.A. can explain, it’s important to consult with a car accident lawyer who can help you understand your rights and guide you through the claims process. Even in seemingly straightforward situations, legal advice can be invaluable. A lawyer can assist in dealing with insurance companies, ensuring that you receive fair compensation for damages and injuries.

Understand The Claims Process

The process of filing a claim can be complex and time-consuming. It involves providing your insurance company with all the documentation related to the accident, including the police report, photographs, and medical records. Be prepared for the insurance company to investigate the claim, which may include examining the accident scene, reviewing medical reports, and interviewing witnesses.

Keep Track Of Medical Treatment

If you’ve been injured, keep detailed records of all medical treatments received. This includes visits to doctors, physical therapists, chiropractors, and any other medical professionals. Document how the injuries have impacted your daily life and work. These records are essential for proving the extent of your injuries and seeking compensation.

Contact A Lawyer Today

Dealing with the aftermath of a car accident can be stressful, but taking the right steps can help ease the process. Remember, your safety and well-being are paramount. Once you have addressed immediate concerns, seeking legal advice can provide clarity and support as you work through the claims and potential legal proceedings. Remember, you don’t have to go through this alone. Professionals are there to guide and assist you every step of the way.

Our results speak for themselves

$1.6m
SETTLEMENT

After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.

$1.25m
SETTLEMENT

When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.

$950k
SETTLEMENT

When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.

VIEW MORE RESULTS
CONTACT HERSCHENSOHN LAW

Hurt? Let our law firm handle the details

When you request your free consultation, Kent personal injury attorney Zach Herschensohn will listen to you, answer your questions, lay out your legal options, and give you down-to-earth legal advice.

When you work with our law office, there are no obligations, hidden fees, or fine print. It’s that simple.

Request your free case evaluation

We’ll meet with you to help you understand your legal options and what to do next.

Enter your contact information:

Disclosure(Required)
This field is for validation purposes and should be left unchanged.

We’re proud to fight—and win—for injured people in Kent, Washington. View our case results to learn more.

VIEW RESULTS

Avoiding Common Injury Claim Mistakes

Navigating the complex world of injury claims can be a daunting task. It’s a journey filled with legal intricacies and procedural nuances, one where a simple misstep can significantly impact the outcome of your claim. As attorneys like our friends at Norris Injury Law can attest, understanding and avoiding common pitfalls is crucial in ensuring a successful resolution.

Understanding The Claims Process

The first step in avoiding mistakes is understanding the claims process. This journey often begins immediately after an injury occurs. It’s essential to recognize that every action taken from this point forward can influence your claim. Seeking medical attention, not just for your health but also to document your injuries, is paramount. Documentation serves as the cornerstone of your claim, providing tangible proof of the extent and impact of your injuries.

Timely Reporting And Action

One of the most critical aspects of handling an injury claim is adhering to deadlines. Every state has its statute of limitations, a window within which you must file your claim. Missing this deadline can result in losing the right to seek compensation. This emphasizes the need for timely action, including reporting the injury to the relevant parties, such as employers in work-related injuries, or insurance companies in vehicle accidents.

Gathering And Preserving Evidence

A strong claim is built on a foundation of solid evidence. This includes everything from medical records and accident reports to witness statements and photographs of the scene. It’s vital to collect this information promptly, as evidence can quickly become lost or degraded. Remember, the more evidence you have, the stronger your claim.

Avoiding Recorded Statements Without Legal Counsel

Insurance companies often request recorded statements early in the process. While this might seem like a standard procedure, it’s important to approach these requests cautiously. Providing a statement without proper legal guidance can inadvertently harm your claim. Insurance adjusters are skilled at eliciting responses that could be misconstrued or used to undermine the severity of your injuries.

Steering Clear Of Early Settlement Offers

Insurance companies may extend early settlement offers that are tempting, especially in the face of mounting medical bills and financial uncertainty. However, these initial offers are often much lower than what your claim is truly worth. Accepting them without fully understanding the long-term impact of your injuries can lead to financial distress down the line.

Consulting With An Injury Lawyer

This is where consulting with your personal injury lawyer becomes invaluable. Legal professionals specialize in evaluating the true value of your claim, taking into account current and future medical expenses, lost wages, and other damages. They are adept at negotiating with insurance companies and can guide you through the legal maze, ensuring that your rights are protected and your claim is accurately represented.

Avoiding Social Media Pitfalls

In today’s digital age, what you post on social media can and will be used in the claims process. Innocent posts or pictures can be misconstrued and used against you, undermining the legitimacy of your claim. It’s advisable to limit your social media activity and consult with your attorney about what is safe to post.

Contact A Lawyer Today

Navigating the intricacies of injury claims requires knowledge, patience, and strategic thinking. By understanding and avoiding these common mistakes, you can significantly enhance your chances of a favorable outcome. Contact a lawyer to get started on your case today.

Our results speak for themselves

$1.6m
SETTLEMENT

After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.

$1.25m
SETTLEMENT

When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.

$950k
SETTLEMENT

When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.

VIEW MORE RESULTS
CONTACT HERSCHENSOHN LAW

Hurt? Let our law firm handle the details

When you request your free consultation, Kent personal injury attorney Zach Herschensohn will listen to you, answer your questions, lay out your legal options, and give you down-to-earth legal advice.

When you work with our law office, there are no obligations, hidden fees, or fine print. It’s that simple.

Request your free case evaluation

We’ll meet with you to help you understand your legal options and what to do next.

Enter your contact information:

Disclosure(Required)
This field is for validation purposes and should be left unchanged.

We’re proud to fight—and win—for injured people in Kent, Washington. View our case results to learn more.

VIEW RESULTS

How Long Does a Personal Injury Lawsuit Take?

  1. How Long It Takes to Reach a Settlement Depends on Your Situation
  2. Completing Your Medical Treatment Before Resolving Your Legal Claim
  3. The Statute of Limitations for Personal Injury Lawsuits in Washington State
  4. What Happens After a Lawsuit Gets Filed?
  5. Our Personal Injury Law Firm Pushes Your Lawsuit to Completion

The short answer is that a personal injury lawsuit can take anywhere from several months to several years, depending on whether the case settles, goes to trial, or gets appealed. 

When your personal injury lawyer from Herschensohn Law manages your case, they can explain the legal process and everything it entails. They can also explain what constitutes a fair settlement offer, along with other relevant details. To learn more about your injury lawsuit and options, call (206) 588-4344.

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How Long It Takes to Reach a Settlement Depends on Your Situation

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The claims adjuster might make a quick settlement offer after learning about your case. Usually, early settlement offers are low because the claims adjusters are just “testing the waters” to see if they can get lucky and settle claims for pennies on the dollar.

People often think of settlements and lawsuits in personal injury cases as two separate stages of the legal process, but that is not always accurate. A settlement can happen at any time, even during a trial or an appeal. Because most personal injury cases get resolved without a trial, do not give up hope on a settlement even after a lawsuit gets filed. 

personal injury lawyer

Related Article

Common Missteps Following An Accident

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Completing Your Medical Treatment Before Resolving Your Legal Claim

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You do not want to settle or file a personal injury lawsuit before you finish your medical treatment, so waiting to reach that point can add time to the legal process. Completing your medical treatment is essential for these reasons: [contact-form-7 id=”b99bc74″ title=”Contact form 1″]
  • The cost of your medical treatment will be a significant measure of the financial recovery you can seek, as well as a way to determine the pain and suffering you endured.
  • You can recover medical expenses from the liable party. After you resolve your case, you cannot go back and ask for more money from the defendant. By completing treatment, you can ensure that your treatment costs are fully accounted for.
  • Until you finish your prescribed medical intervention, you do not know if you will heal completely. If you have long-term impairment from your injuries, your settlement or verdict could be higher than if you healed 100 percent.
It can be a balancing act, however, to decide when to sue because Washington State limits the amount of time you have to file a lawsuit. If you wait too long while waiting to complete your medical treatments, you might not be allowed to file a personal injury lawsuit at all. When you work with our team, we can advise you on your options and suggest a path moving forward.
People we’ve helped

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA
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The Statute of Limitations for Personal Injury Lawsuits in Washington State

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The filing deadline (also called the statute of limitations) for personal injury lawsuits in Washington is three years, according to RCW § 4.16.080. Your attorneys must file the lawsuit even if it is only to protect you from the harsh consequences of missing the deadline, and even if a settlement is on the horizon. 

Missing the filing deadline could cost you the right to seek financial compensation forever, even if you have severe injuries and other losses. Also, since the defendant is no longer legally liable for the accident after the filing deadline expires, even then you will not be able to negotiate a settlement.

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What Happens After a Lawsuit Gets Filed?

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The parties start preparing for trial right after a personal injury lawsuit gets filed. The injured party seeks supporting evidence that aims to bolster their case and compel damages. 

The defendant, on the other hand, looks for evidence that supports a defense they might have against the case. This phase of the lawsuit is the pre-trial or discovery stage.

Both Parties Learn as Much as They Can About the Accident 

The involved parties try to learn as much as they can about the other side’s case during this stage. Some of the legal methods they use can include the following:

  • Interrogatories. These are written questions that must be answered in writing, under oath, usually within about a month. Each party can send interrogatories to the other parties.
  • Request for the production of documents. Here, one party requests to see any relevant bank statements, medical records, or other information that could prove useful in supporting their case. 
  • Request for admissions. A party can send a written request to another party, asking them to admit or deny certain allegations, like that they suffered a long-term disability from the accident. As with most other forms of written discovery, the receiving party must comply or file objections within about a month.
  • Depositions. Typically, a deposition takes place at an attorney’s office. A court reporter is present, recording what gets said when the parties are on the record. Depositions can involve exhibits that get attached to the transcript that the court reporter prepares afterward.

The discovery stage can take a few months or more than a year, depending on the circumstances. Patience is key during this time; hastily accepting a settlement offer could deprive you of fair compensation. 

A Judge and Jury Hear the Case 

It can take many months after discovery to get a spot on the judge’s trial calendar. At trial the attorneys for the plaintiff present their case to the court by presenting evidence, which can be done through the presentation of live testimony, documents, and other evidence. The defense can cross-examine witnesses and make objections.

Afterward, the defense lawyers present their case in the same way as the plaintiff did: through evidence. The plaintiff’s personal injury lawyer can object and cross-examine witnesses. The jury will then deliberate and decide the outcome. 

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Our Personal Injury Law Firm Pushes Your Lawsuit to Completion

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The legal team at Herschensohn Law handles personal injury trials routinely. If you or a loved one suffered an injury due to another party’s negligence, we can manage your case and everything it entails. What’s more, we can prevent any unjust delays from impeding your case’s progression. 

We are happy to offer a free initial consultation. Simply reach out to us today at (206) 588-4344 to get started. Our experienced attorneys are confident that we can meet your needs.  

Our results speak for themselves

$1.6m
SETTLEMENT

After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.

$1.25m
SETTLEMENT

When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.

$950k
SETTLEMENT

When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.

VIEW MORE RESULTS
CONTACT HERSCHENSOHN LAW

Hurt? Let our law firm handle the details

When you request your free consultation, Kent personal injury attorney Zach Herschensohn will listen to you, answer your questions, lay out your legal options, and give you down-to-earth legal advice.

When you work with our law office, there are no obligations, hidden fees, or fine print. It’s that simple.

Request your free case evaluation

We’ll meet with you to help you understand your legal options and what to do next.

Enter your contact information:

Disclosure(Required)
This field is for validation purposes and should be left unchanged.

We’re proud to fight—and win—for injured people in Kent, Washington. View our case results to learn more.

VIEW RESULTS

When to Hire a Personal Injury Lawyer

  1. You Could Benefit From Promptly Hiring a Personal Injury Lawyer
  2. You Must File Your Personal Injury Lawsuit Within the Statute of Limitations
  3. Hiring a Personal Injury Lawyer Early Can Help You Avoid Costly Mistakes
  4. What Should I Do After Suffering Injuries in an Accident?
  5. Hire a Personal Injury Lawyer From Our Firm Today

After suffering a serious injury, there is no deadline for hiring a personal injury attorney. However, the sooner you hire one, the sooner they can get to work building your case and filing your claim. With prompt notice, your lawyer can gather security camera footage, interview witnesses, and notify the involved parties. 

Herschensohn Law advocates for injured claimants, from victims of car accidents to those who have lost loved ones. When you connect with our firm, we set your case in motion immediately, ensuring we meet all applicable deadlines. To learn more about working with our personal injury attorneys, call (206) 588-4344. 

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You Could Benefit From Promptly Hiring a Personal Injury Lawyer

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You may feel that your accident is very straightforward, and thus, you will have no problem recovering fair compensation for the damages you suffered. However, even the most basic post-accident situations can get complicated. What may initially seem like a cut-and-dry claim could turn out to be a long and arduous ordeal. 

If you suffered severe injuries, you could benefit from hiring an injury attorney. They can: 

Review All Vital Information

Whether you were involved in a car accident, construction accident, or slip and fall, you need evidence to recover damages. Your lawyer can gather supporting information, but this takes time. To advance your case, your legal team needs to: 

  • Review police reports
  • Take eyewitness testimonies
  • Speak with medical professionals regarding your condition’s severity 
  • Consult with accident reconstruction specialists

With the information your lawyer finds, they aim to show that because another party’s negligence caused your accident, they owe you compensation.  

Document Your Economic and Non-Economic Damages

After your accident, economic damages will likely be at the forefront of your mind. These damages include medical bills, lost wages, property damage costs, and other items with distinct monetary values. However, your financial losses are just part of your compensation package. 

With the help of our personal injury attorneys, you could also recover the cost of your non-economic damages, which include: 

  • Pain and suffering
  • Loss of enjoyment of life
  • Mental anguish
  • Emotional distress 

Non-economic damages can greatly increase the value of your settlement. So, the insurance company may intentionally leave these damages out when making an initial offer. When you have a lawyer from Herschensohn Law, we account for the full scope of your injury-related losses. What’s more, we keep your case moving forward, avoiding any unfair delays. 

personal injury lawyer

Related Article

Common Missteps Following An Accident

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You Must File Your Personal Injury Lawsuit Within the Statute of Limitations

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Aside from gathering time-sensitive evidence, there’s another reason to consider promptly hiring an injury lawyer: the statute of limitations. Per RCW § 4.16.080, you generally have three years from the date of your accident to file a lawsuit. 

If you do not file a lawsuit within three years from the date the accident takes place, then you cannot recover damages through litigation. This could spell disaster if you have no other way of seeking damages. While Washington law has some exceptions, there is no guarantee your case qualifies. 

The lawyers at Herschensohn Law know that time is of the essence after an accident. We strive to meet all applicable deadlines. Yet, we must learn about your situation first. 

People we’ve helped

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA
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Hiring a Personal Injury Lawyer Early Can Help You Avoid Costly Mistakes

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This could be your first personal injury case. But it’s not ours. We’ve helped injured people for more than 14 years, and in that time, we’ve recovered millions. When you hire our team, you get more than a lawyer; you get an investigator, ally, and––above all else––peace of mind. 

To recover a fair settlement, we: 

Communicate With the Insurance Companies on Your Behalf

You will receive calls from the liable insurance company following your accident. Its questions may seem harmless, but anything you share could jeopardize your case. Even responding positively to a greeting could be used to contest the severity of your condition. 

Your personal injury lawyer handles all communications with the liable insurance company, sending and answering all phone calls, emails, and text messages. This saves you the stress of having to deal with the insurer and its tactics. 

Offer Help on a Contingency Basis 

It costs nothing upfront to partner with our personal injury lawyers. We work on a contingency-fee basis, meaning you don’t pay anything for us to break ground on your case. We don’t charge upfront rates, hourly fees, or retainers. A portion of your awarded settlement accounts for our time and efforts. 

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What Should I Do After Suffering Injuries in an Accident?

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Your health is of the utmost importance. After an accident, you may be tempted to avoid medical treatment because you are concerned about the cost. Do not make this costly mistake. Seek medical care. This accomplishes two things: 

  • Getting treatment secures much-needed evidence to bolster your claim, such as imaging scan results. The more information we have to support your personal injury claim, the better. 
  • You want to reach maximum medical improvement, and getting medical care puts you on the path to recovery. 

If you are still uncertain about your next steps, speak with our lawyers about your situation. They can advise you on your next steps and what comes next for your personal injury claim. 

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Hire a Personal Injury Lawyer From Our Firm Today

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After you are involved in an accident, do not wait until things become complicated to reach out to our personal injury lawyers. The sooner you connect with us, the sooner they can start building your case. Herschensohn Law has a reputation for helping injured people recover maximum compensation for their hardships. 

You can secure legal representation today. Start your free case review by dialing (206) 588-4344.

Our results speak for themselves

$1.6m
SETTLEMENT

After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.

$1.25m
SETTLEMENT

When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.

$950k
SETTLEMENT

When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.

VIEW MORE RESULTS
CONTACT HERSCHENSOHN LAW

Hurt? Let our law firm handle the details

When you request your free consultation, Kent personal injury attorney Zach Herschensohn will listen to you, answer your questions, lay out your legal options, and give you down-to-earth legal advice.

When you work with our law office, there are no obligations, hidden fees, or fine print. It’s that simple.

Request your free case evaluation

We’ll meet with you to help you understand your legal options and what to do next.

Enter your contact information:

Disclosure(Required)
This field is for validation purposes and should be left unchanged.

We’re proud to fight—and win—for injured people in Kent, Washington. View our case results to learn more.

VIEW RESULTS

What Is a Personal Injury Lawyer?

  1. Personal Injury Lawyers Focus on These Practice Areas
  2. Your Personal Injury Attorney Aims to Recover Compensation for Your Losses
  3. How Can Personal Injury Lawyers Recover Damages?
  4. Our Personal Injury Lawyers Charge Nothing Upfront for Legal Help
  5. Learn More About How Personal Injury Lawyers Can Help You

Personal injury lawyers provide clients with legal representation after they are injured in an accident. Some personal injury attorneys specialize in specific types of personal injury law, while others have broader practice areas. Their primary goal is to recover compensation for their clients’ medical bills, lost income, and other injury-related expenses. 

With Herschensohn Law, you’ll never be in the dark about your personal injury lawyer’s role in your case. They aim to secure financial justice, plain and simple. To secure legal guidance, call (206) 588-4344. 

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Personal Injury Lawyers Focus on These Practice Areas

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Most personal injury cases arise from an involved party’s negligence. This means, to recover damages, your attorney must show that because the other party acted without due care for others’ safety, that you were injured and that you have incurred damages. 

Common personal injury cases include, but are not limited to:

  • Car accidents
  • Bicycle accidents
  • Motorcycle accidents
  • Truck accidents
  • Slip and falls
  • Construction accidents
  • Dog bites
  • Maritime accidents
  • Wrongful death
  • Defective product incidents 

Each of these cases comes with filing deadlines under Washington State’s statute of limitations. You generally have three years from your accident’s date to sue the at-fault party. 

To uphold your right to damages, you should consider consulting a personal injury lawyer as soon as possible. If the deadline expires, you could lose the right to seek damages.  

personal injury lawyer

Related Article

Common Missteps Following An Accident

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Your Personal Injury Attorney Aims to Recover Compensation for Your Losses

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After suffering injuries due to another party’s negligence, you may have many expenses stemming from the incident. Your lawyer aims to assemble a case that seeks full and fair compensation for: 

  • Economic damages, including medical expenses, loss of income, property damage costs, and out-of-pocket expenses, such as childcare costs 
  • Non-economic damages, including pain and suffering, scarring, disfigurement, disability, emotional distress, loss of consortium, and loss of enjoyment of life 

How much you can recover depends on your situation. Your lawyer will assess your receipts and other supporting documentation to calculate your economic damages. They may consult with field experts and other professionals when learning the value of your non-economic damages. 

People we’ve helped

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA
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How Can Personal Injury Lawyers Recover Damages?

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Personal injury attorneys know there isn’t a one-size-fits-all method for resolving cases. They need to review their clients’ specific circumstances, then employ a strategy based on those details. 

For instance, if you suffered injuries in a trucking accident, your lawyer’s strategy may involve proving how the trucking company’s negligence led to the collision. In another instance, if you suffered injuries due to a slip and fall, your lawyer may build a case showing how the property owner’s actions led to your injury. 

Personal Injury Lawyers Double as Investigators 

To determine liability, personal injury lawyers will use every resource at their disposal to learn how an accident took place. They will:

  • Secure and read police reports/accident reports 
  • Interview witnesses and third-party field consultants 
  • Secure traffic camera footage or security camera footage (if applicable) 
  • Review other physical evidence that can strengthen your claim 

With all this information in hand, they will then determine a legal strategy moving forward. 

Your Legal Team Handles All Insurance-Related Matters 

Most personal injury cases involve dealing with insurance companies. After a collision, you file a claim with the insurer. After a fall, you could file a claim with the property owner’s homeowner’s insurance. However, insurance companies are for-profit businesses, and many will go above and beyond to avoid paying an injured person what they deserve. 

This is where you could benefit from hiring an injury lawyer. When dealing with an insurance company, they: 

  • File your claim
  • Present supporting evidence
  • Calculate your damages’ cost, including pain and suffering
  • Handle all communications
  • Protect you from bad faith insurance practices 
  • Negotiate a settlement

Your lawyer may also serve as an intermediary between you and the liable insurance provider, giving the claims adjuster the information they need to decide on your case. 

Your Personal Injury Lawyers Can Represent You In Court 

If negotiations are unsuccessful, then your lawyer can file a personal injury lawsuit and sue the at-fault party for what you deserve. This involves: 

  • Taking depositions 
  • Cross-examining witnesses
  • Complying with the state’s statute of limitations 
  • Presenting your case’s evidence 
  • Objecting to unfair motions or proceedings 
  • Partaking in jury selection 

Your lawyer will leave no stone unturned in your fight for financial compensation. Whether through negotiations or litigation, they’re committed to resolving your case with the best possible outcome. 

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Our Personal Injury Lawyers Charge Nothing Upfront for Legal Help

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Herschensohn Law offers free consultations and works on a contingency basis. This means: 

  • It costs you nothing to consult our team regarding your injury claim or lawsuit. During our conversation, we can outline our law firm’s services, including what you can expect throughout our partnership. 
  • You pay nothing upfront or out of pocket to hire our personal injury lawyers. A portion of your awarded settlement pays for our help––not you. We have an incentive to win your case because if we don’t, we don’t get paid our attorney’s fees. 

We aim to make recovering maximum compensation as straightforward and hassle-free as possible. You don’t have to handle the aftermath of a serious accident alone. With Herschensohn Law, you can get guidance and legal advice throughout our partnership.

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Learn More About How Personal Injury Lawyers Can Help You

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No one ever anticipates needing personal injury lawyers. Unfortunately, accidents do happen, and when they take place, injured claimants have options. Rather than handle a personal injury claim yourself, connect with Herschensohn Law. 

We can use our extensive resources to compile evidence, negotiate a settlement, and ultimately help you receive a fair settlement. For more information about how our personal injury lawyers can help you, call (206) 588-4344.

Our results speak for themselves

$1.6m
SETTLEMENT

After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.

$1.25m
SETTLEMENT

When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.

$950k
SETTLEMENT

When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.

VIEW MORE RESULTS
CONTACT HERSCHENSOHN LAW

Hurt? Let our law firm handle the details

When you request your free consultation, Kent personal injury attorney Zach Herschensohn will listen to you, answer your questions, lay out your legal options, and give you down-to-earth legal advice.

When you work with our law office, there are no obligations, hidden fees, or fine print. It’s that simple.

Request your free case evaluation

We’ll meet with you to help you understand your legal options and what to do next.

Enter your contact information:

Disclosure(Required)
This field is for validation purposes and should be left unchanged.

We’re proud to fight—and win—for injured people in Kent, Washington. View our case results to learn more.

VIEW RESULTS

Complex personal injury

  1. Car accidents on the shoulder of the road: what drivers need to know
  2. What is Washington State’s Move Over Law?
  3. What does Washington’s Move Over law specifically require?
  4. How do you determine liability in a shoulder of the road accident?
  5. What should I do if I’m injured in a car accident on the shoulder of the road?
  6. Contact an experienced Kent personal injury accident attorney today
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Car accidents on the shoulder of the road: what drivers need to know

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car accident shoulder of road

The shoulder of the road is an extremely dangerous place to be. The last thing you want to deal with after a car crash, flat tire, engine trouble, or other incident is traffic whizzing by at 50 to 80 miles per hour, just a few feet away. Hazard lights help, certainly, but they don’t offer much protection from a distracted driver behind the wheel of two tons of steel and glass—especially at interstate highway speeds.

In an effort to protect stranded motorists, construction workers, police officers, and others who must spend time near the side of the road, many states (including Washington) have passed “slow down, move over” laws. Unfortunately, far too many drivers still aren’t aware of this law and how it affects them, increasing the risk of severe car accidents. But what is the most dangerous road in Washington?

Car Accident lawyer Seattle, WA

Related Article

How Insurance Companies Approach Car Accident Claims

In this blog, we’ll talk about the Washington move over law, how you can protect yourself if you’re stuck on the highway shoulder, what to do if you’ve been injured in a shoulder accident, and how a car accident attorney can help.

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What is Washington State's Move Over Law?

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Washington move over law

Motorists stranded on the side of the road, law enforcement officers making traffic stops, and roadside workers risk their lives each day on Washington highways. When roadside crashes occur, they tend to be severe.

Washington’s Move Over law, RCW 46.61.212, requires that drivers switch to the left lane (on multi-lane highways) or reduce their speed when passing an emergency vehicle or other roadside assistance. The law was originally passed in 2010, then amended again in 2019 to include construction zones. Violators face double fines for speeding in emergency zones.

People we’ve helped

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA
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What does Washington's Move Over law specifically require?

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Washington move over law

Washington’s Move Over law, broadly speaking, does two things:

  • Defines an “emergency or work zone”
  • Instructs drivers on what to do when entering one

Let’s break that down a bit further.

What is an emergency or work zone?

Short answer: if you see any stopped or slow-moving vehicles that are using their audible or visual signs appropriately (warning lights flashing, sirens blaring, etc.), you’re either in, or about to be in, an emergency or work zone. This includes:

  • Emergency vehicles
  • Highway construction vehicles
  • Utility service vehicles
  • Tow trucks
  • Any other vehicle providing roadside assistance

The zone begins 200 feet before the parked or slow-moving vehicle and ends 200 feet after you pass it.

What should I do when approaching an emergency work zone?

They don’t call this the “move over” law by accident. Here’s what you’re supposed to do, in order of priority:

If the road has four or more lanes (at least two heading in the same direction you’re traveling), and it’s possible for you to safely change lanes so you’re no longer in the closest lane to the right shoulder, do that.

If you can’t change lanes (because there’s only one lane traveling in the same direction, or for any other reason) but you are still able to at least move over a little bit to your left and give as much passing space as possible, slow down and do that.

If changing lanes isn’t possible, slow down to at least 10 mph below the posted speed limit while passing.

Related Article: Hit by a car while crossing the street? 10 FAQs answered by a personal injury attorney

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How do you determine liability in a shoulder of the road accident?

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car accident shoulder of road

On the surface, this seems like a silly question. It’s hard to imagine how a parked vehicle could ever be considered the cause of a car accident. And in fairness, that’s usually how it plays out. The driver presumed to be at fault is typically the one who was, well, driving at the time.

But it’s important to note that, if you’re experiencing car trouble (say from a flat tire or a separate auto accident), you do have a responsibility to minimize the risk that your stopped vehicle poses to other drivers on the road. That means, for example:

  • Pulling off the road, or as far over onto the shoulder as you realistically can, to avoid blocking traffic lanes. (Please, don’t stop on or near the roadway unless you absolutely have no choice.)
  • Putting on your hazard lights.

If it’s determined that you could have gotten your disabled vehicle to a safer location, but didn’t, there’s a chance you may be held at least partially responsible for the resulting crash. And that could reduce the amount of compensation you’re entitled to receive.

Since Washington is a pure comparative negligence state, your recovery would be reduced by your percentage of fault. For example, if a court finds you 20% responsible, you’d only be able to recover compensation at 80% of the full amount you’d otherwise be eligible for.

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What should I do if I'm injured in a car accident on the shoulder of the road?

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car accident shoulder of road

Shoulder accidents, as noted, are frequently severe and can do lasting physical and financial damage—mounting medical bills, thousands in lost wages, months of physical therapy, or worse.

It goes without saying that your priority should be a complete medical checkup, even if you don’t think your symptoms are “that bad.” Car accident injuries are often worse than they initially appear, and symptoms might not reach their peak until days or even weeks later. Going to the doctor right away gives you the best chance to heal quickly and fully, plus it shows to the other driver’s insurance company that you took your injuries seriously.

Oh, and speaking of the insurance company? Chances are you’re going to be in for a fight with them, too.

Because even if you feel like your personal injury claim is watertight, that’s no guarantee the insurer is going to agree. And even if determining liability isn’t a challenge (i.e., they agree their driver was fully at fault), that doesn’t mean they’ll offer you a fair settlement.

Insurance companies will often try to argue that your injuries aren’t really that bad, or underestimate your pain and suffering, or trick you into giving a recorded statement that could hurt your case. If you don’t know what your case is truly worth, they won’t hesitate to screw you over on the recovery—and once you settle, you don’t get a do-over.

Those are just a few of the many reasons why you should always reach out to a personal injury attorney as soon as possible after your car accident.

Attorney Zach Herschensohn and his team know what it takes to stand up to the insurance companies when they won’t play fair. They’ve helped people like you get compensation for their injuries after car crashes, and are ready to meet with you, hear your story, and offer practical advice about what to do next.

RELATED POST: What to do if you’re involved in a crash in Washington state

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Contact an experienced Kent personal injury accident attorney today

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Don’t let the at-fault driver’s insurance company take advantage of you. You deserve to be fairly compensated for your financial losses and the pain and suffering you endured due to someone else’s negligence. Herschensohn Law is ready to fight for you and your personal injury case.

If you or your car have been struck by a passing vehicle on the shoulder of the road, you may have a personal injury case. And if you were injured while performing your job responsibilities, you may also have third-party workplace injury claim (if the at-fault party was not your employer or fellow employee).

Either way, it’s time to get exceptional legal representation on your side. To schedule your free consultation with our law office in Kent, Washington, give us a call at (206) 588-4344 or complete our simple online contact form.

References

RCW 46.61.212

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Our results speak for themselves

$1.6m
SETTLEMENT

After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.

$1.25m
SETTLEMENT

When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.

$950k
SETTLEMENT

When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.

VIEW MORE RESULTS
CONTACT HERSCHENSOHN LAW

Hurt? Let our law firm handle the details

When you request your free consultation, Kent personal injury attorney Zach Herschensohn will listen to you, answer your questions, lay out your legal options, and give you down-to-earth legal advice.

When you work with our law office, there are no obligations, hidden fees, or fine print. It’s that simple.

Request your free case evaluation

We’ll meet with you to help you understand your legal options and what to do next.

Enter your contact information:

Disclosure(Required)
This field is for validation purposes and should be left unchanged.

We’re proud to fight—and win—for injured people in Kent, Washington. View our case results to learn more.

VIEW RESULTS

Complex personal injury

  1. Hit by a car while crossing the street? 10 FAQs answered by a personal injury attorney
  2. 1. Who is at fault in a pedestrian accident?
  3. 2. What happens if both the driver and pedestrian share liability?
  4. 3. I was jaywalking. Do I still have a case?
  5. 4. I crossed at a legal crosswalk but didn’t follow the signals. Do I still have a case?
  6. 5. I was hit by a car but was able to walk away and my injuries seem minor. What should I do?
  7. 6. What insurance company do I file a claim with?
  8. 7. What if I’m the victim of a hit-and-run?
  9. 8. How much is my case worth?
  10. 9. Do I need a lawyer for a pedestrian accident?
  11. 10. When should I hire a lawyer?
  12. Hit by a car while crossing the street? Call attorney Zach Herschensohn today
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Hit by a car while crossing the street? 10 FAQs answered by a personal injury attorney

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hit by a car while crossing the street

It’s no surprise that pedestrian accidents are, by far, the most dangerous and deadly type of motor vehicle accident.

According to the National Highway Traffic Safety Administration, there were more than 6,000 pedestrian accident fatalities in alone—more than 17 percent of all crash-related deaths, despite being only a small percentage of the total number of incidents. And according to estimates provided by the Governors Highway Safety Administration, the numbers were even higher in 2020, up to more than 6,700 deaths.

Car Accident lawyer Seattle, WA

Related Article

How Insurance Companies Approach Car Accident Claims

On top of that, many of the people who do survive pedestrian accidents suffer life-changing injuries.

If you or a loved one have recently been hit by a car while attempting to cross the street, you probably have many questions. In this blog post, we’ll answer some of the most common ones that we receive.

But regardless of whether you find all the answers you’re looking for here, make sure you reach out to a personal injury attorney as soon as possible if you haven’t already. (If you want to find out why, just keep reading.)

hit by a car while crossing the street
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1. Who is at fault in a pedestrian accident?

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hit by a car while crossing the street

That depends on the specific circumstances.

Of course, because pedestrians are extremely vulnerable to serious injuries and death even in low-speed collisions, car drivers have a legal obligation to exercise reasonable care wherever they may be present.

However, it’s a common misconception that pedestrians “always have the right of way” or that the driver of the car is always 100% at fault for the crash and resulting injuries. The crash could be partially or even fully the pedestrian’s fault if they failed to follow traffic signals, crossed somewhere other than a legal crosswalk, were intoxicated and not checking for traffic, or made some other poor choice.

It’s also possible for fault to be shared. For example, the pedestrian may have failed to wait for a signal, but the driver was also speeding or texting while driving.

hit by a car while crossing the street
People we’ve helped

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA
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2. What happens if both the driver and pedestrian share liability?

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hit by a car while crossing the street

Washington follows a pure comparative liability principle, which means any injured person can recover damages as long as they aren’t fully responsible. However, your claim will be reduced by your percentage of fault. In other words, if a court finds you 30% responsible, you can only get 70% of your damages. In Washington, this is true even if you’re 99% at fault—you’d still be entitled to compensation, albeit only 1% of it.

hit by a car while crossing the street
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3. I was jaywalking. Do I still have a case?

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crosswalk accident lawyer

We strongly encourage everyone to only cross the road at a legal crosswalk, when signaled to do so. That said, this is the real world, and almost everybody jaywalks at least some of the time—at least on quiet residential or rural streets that are a long distance from the nearest intersection.

Jaywalking can definitely weaken your case and make it harder to get full compensation for your injuries from the insurance company. But jaywalking doesn’t necessarily invalidate your claim or absolve the driver from any liability.

Jaywalking can still earn you a citation and hefty fine in a city like Seattle, where municipal ordinances apply. But it’s not technically illegal according to Washington State law, as long as you yield the right of way to any vehicle traffic using the road.

Drivers, meanwhile, are expected to do everything possible to avoid a collision with a pedestrian (or anyone or anything else, really), even one who is jaywalking. If the driver had plenty of time to react, but didn’t—perhaps because they were speeding, or fiddling with the radio, or driving drunk—then the driver will almost certainly bear at least some of the responsibility.

crosswalk accident lawyer
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4. I crossed at a legal crosswalk but didn't follow the signals. Do I still have a case?

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crosswalk accident lawyer

Washington Law is a little more explicit here. While crossing in the middle of the street (i.e., jaywalking) is technically not illegal as long as you yield the right of way to vehicles, the law says that pedestrians “shall obey” the instructions of a traffic control device when using the crosswalk.

That’s not to say that you’ll get 100% of the blame if you walk on red, if the person who hit you was speeding, texting, or otherwise driving in a reckless and unsafe manner. But there’s no question that breaking the traffic laws will weaken your case.

crosswalk accident lawyer
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5. I was hit by a car but was able to walk away and my injuries seem minor. What should I do?

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crosswalk accident lawyer

If a car hits you while you’re out for a walk, you should always seek medical attention immediately, even if you initially feel fine. Serious injuries aren’t always obvious in the first few minutes (or even days) after a crash. Furthermore, if you don’t seek treatment within the first 24-48 hours, an insurance company might (unfairly) use it as evidence that you’re exaggerating your symptoms.

If you don’t require emergency care, you should also go through the same basic steps you would after any other kind of motor vehicle accident, including:

  • Swapping insurance information, license and license plate numbers, and contact info with the driver who hit you.
  • Getting statements (or at least contact information) from any eyewitnesses.
  • Contacting the police and filing a police report.
  • Taking photographs of the scene (including any damage to the driver’s car, if you can do so safely).

RELATED POST: The Washington state car accident guide: What to do if you’re involved in a crash

crosswalk accident lawyer
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6. What insurance company do I file a claim with?

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crosswalk accident lawyer

The insurance company (or insurance companies) you will need to file a claim with to pay for your medical bills and other damages depends on where you live and what the circumstances are. But the short answer is, in Washington state, the process is going to be very similar to any other kind of car accident, and you will initially file a claim with the at-fault driver’s insurance company.

One problem that many pedestrians struck by cars have to deal with, however, is coverage limits. Washington only requires that drivers carry $25,000 in injury coverage per person, up to $50,000 per accident. That’s a laughably small amount even if you have your own car to protect you. If you’re a pedestrian hit by a car, your medical bills alone are fairly likely to exceed this limit—to say nothing for lost wages and pain and suffering.

If the driver’s auto insurance coverage is not sufficient, you may have to look for other potential sources of insurance to recover fair compensation for your personal injuries, such as your own auto insurance policy, health insurance, or disability insurance. Getting a personal injury attorney to help you figure out what policies may apply to your situation is invaluable here.

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7. What if I'm the victim of a hit-and-run?

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crosswalk accident lawyer

If the driver who hit you fled the scene and is never located—or was simply uninsured—your options may be limited and depend greatly on the circumstances.

If you own your own car or are an insured driver on someone else’s policy, you should be able to file a claim under the uninsured and underinsured motorist (UI/UIM) coverage in your own auto insurance policy—provided this coverage was not previously declined.

If you don’t have your own auto insurance, your opinions may be significantly limited. Again, your best move is to contact a personal injury attorney to see what legal options might be available to you.

crosswalk accident lawyer
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8. How much is my case worth?

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crosswalk accident lawyer

As an injured pedestrian, you’re entitled to seek compensation from the at-fault driver for your present and future medical bills, present and future lost wages, and non-economic loses (such as pain and suffering and emotional anguish). If the at-fault driver was especially reckless, you may also be entitled to punitive damages.

As you can imagine, calculating fair compensation for any personal injury case, let alone a pedestrian accident, can be a complex and difficult process. If you’ve suffered significant, life-altering injuries, the amount of pain and suffering you can claim could be substantial. And you can pretty much guarantee that the insurer is going to try to stiff you on the first settlement offer.

Not to sound like a broken record, but an experienced lawyer can be invaluable here, too. Don’t trust a cheap online settlement calculator. Those things can provide a rough estimate, sure, but they’re mostly a marketing gimmick. Only a real live professional can give you a truly accurate assessment.

RELATED POST: How does my attorney determine the value of my car accident claim?

crosswalk accident lawyer
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9. Do I need a lawyer for a pedestrian accident?

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crosswalk accident lawyer

Technically, no. No one is forcing you to get a lawyer. But if you’ve been paying attention so far, you’ve probably figured out by now that going it alone is almost always a bad idea.

The insurance company has been through this many, many times before. They have an army of lawyers on their side, and they don’t fight fair. They’re not going to warn you when you’re making a mistake, sabotaging your own case, or leaving money on the table. Their goal is to pay you as little as possible, and if you don’t know what you’re doing, there’s a good chance they’ll get away with it.

crosswalk accident lawyer
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10. When should I hire a lawyer?

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hit by a car while crossing the street

As soon as possible.

Chances are, after your accident, an adjuster from the insurance company is going to call you within a couple of days at most. At that point, you may be in no condition to speak to them with a clear and level head. But even if you are, they’re already going to start trying to figure out how to reduce or deny your claim, and that may include tricking you into giving a statement that could be used against you in settlement negotiations or in a personal injury lawsuit.

When you hire a lawyer as soon as possible, they can get to work right away on all the big things you’re going to need:

  1. Making sure you get the first-class medical care you deserve
  2. Figuring out what your case is truly worth, so you don’t get tricked into taking a lowball settlement offer
  3. Gathering all the evidence and testimony you’ll need to prove your case
  4. Speaking with the insurance company on your behalf so you can focus on getting better, rather than worry about getting screwed.

Washington Personal Injury FAQs

Your Washington personal injury attorney can help you deal with the aftermath of an accident and fight for the compensation you deserve. At Herschensohn Law Firm, PLLC, we’ve spent years helping clients with cases just like yours – and we’ve got experience in injuries ranging from medical malpractice to motorcycle accidents. 

Read on to get some answers to some of the most common personal injury questions:

What Is The Statute Of Limitations For Bodily Injury In Washington State?

In Washington state, the statute of limitations for filing a lawsuit for bodily injuries is three years from the date of the incident. This law means that you must initiate any legal actions within three years of the date on which the injury occurred. Missing this deadline typically results in the loss of your right to seek compensation, making it crucial to act promptly if you believe you have a claim.

How Long Does An Insurance Company Have To Settle A Claim In Washington State?

In Washington State, insurance companies are required to respond to a claim within 20 days and settle claims promptly once liability is clear, typically within 30 days. This timeline exists so claims get handled efficiently, but the actual time to settle can vary based on the complexity of the case and the details of the insurance policy involved. Delays can occur, but they should be reasonably justified by the insurance company.

How Can I Sue For Pain And Suffering In Washington State?

To sue for pain and suffering in Washington State, your case must involve a physical injury from which emotional distress and pain arise. Pain and suffering are categorized as “non-economic damages” and can be pursued if there is evidence of physical harm and a direct impact on your emotional well-being. Documenting the extent of your injuries and their impact on your daily life is crucial.

What Are The Most Common Types Of Personal Injury Cases?

As your Washington personal injury attorney can explain, there’s a wide range of accidents and incidents that can lead to cases just like yours:

Vehicle Accidents: This includes cars, motorcycles, and trucks where injuries result from collisions or accidents.

Slip and Falls: Common in public or private properties where poor maintenance or unsafe conditions lead to accidents.

Medical Malpractice: Involves injuries sustained from negligence or errors made by healthcare professionals.

Workplace Accidents: Includes injuries that occur in the workplace or as a direct result of employment activities.

Product Liability: Pertains to injuries caused by defective or unsafe products.

What Are Compensatory Damages In Washington State?

Compensatory damages in Washington state are monetary awards given to the injured party to compensate for both economic and non-economic losses resulting from an injury. Economic damages cover tangible losses such as medical expenses, lost wages, and property damage. Non-economic damages compensate for more subjective losses like pain and suffering, emotional distress, and loss of enjoyment of life.

Get In Touch With Our Team Today

At Herschensohn Law Firm, PLLC, we understand that personal injury cases are more than just legal disputes; they’re personal challenges that affect your health, your finances, and your family. Contact us today, and see how a Washington personal injury attorney from our office can help.

hit by a car while crossing the street
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Hit by a car while crossing the street? Call attorney Zach Herschensohn today

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Getting hit by a car is just about the worst thing that you or a loved one can go through. The good news is that you don’t have to go through it alone.

Zach Herschensohn and his team don’t shy away from the tough cases, and we’re willing to fight to get you what’s fair. To schedule your free consultation, contact our Kent, Washington office today at (206) 588-4344, or request an appointment online.

Our results speak for themselves

$1.6m
SETTLEMENT

After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.

$1.25m
SETTLEMENT

When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.

$950k
SETTLEMENT

When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.

VIEW MORE RESULTS
CONTACT HERSCHENSOHN LAW

Hurt? Let our law firm handle the details

When you request your free consultation, Kent personal injury attorney Zach Herschensohn will listen to you, answer your questions, lay out your legal options, and give you down-to-earth legal advice.

When you work with our law office, there are no obligations, hidden fees, or fine print. It’s that simple.

Request your free case evaluation

We’ll meet with you to help you understand your legal options and what to do next.

Enter your contact information:

Disclosure(Required)
This field is for validation purposes and should be left unchanged.

We’re proud to fight—and win—for injured people in Kent, Washington. View our case results to learn more.

VIEW RESULTS

References

National Center for Statistics and Analysis. (August 2021). Traffic safety facts 2019: A compilation of motor vehicle crash data (Report No. DOT HS 813 141). National Highway Traffic Safety Administration.

Governors Highway Safety Administration. (May 2021). Pedestrian Traffic Fatalities by State: 2020 Preliminary Data Addendum.

Revised Code of Washington (RCW) 46.61.240 (2021)

Revised Code of Washington (RCW) 46.61.050 (2021)

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Complex personal injury

  1. What to expect from the personal injury claims process
  2. What to do as soon as possible (even before filing your personal injury claim)
  3. Claiming first-party benefits
  4. Claiming third-party benefits
  5. A quick walkthrough of the personal injury claims process
  6. Why hire an experienced personal injury lawyer?
  7. Level the playing field by calling the Zach Herschensohn team
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What to expect from the personal injury claims process

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personal injury claims process

If you sustained an injury due to someone else’s negligence, you’re likely looking for answers—particularly if that same injury is causing medical bills to pile up, keeping you from working, and interfering with your ability to enjoy daily life.

Want to know one place you probably won’t get those answers? The at-fault party’s insurance company.

personal injury lawyer

Related Article

Common Missteps Following An Accident

They will put their own interests ahead of your needs and may even try to change the story to cover their tracks. These factors—and more—make pursuing a personal injury claim complicated and frustrating, especially if you try to go it alone.

The good news is this: you have legal options. If someone else was responsible for your injuries, you can and should seek compensation. But a lot must happen before you finally get that check in your hands, and it’s important to be patient and know what to expect when pursuing a personal injury claim.

In this blog, we’ll take a closer look at what you can expect from claims process in a typical personal injury case.

RELATED POST: 4 Important questions to ask a potential personal injury lawyer

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What to do as soon as possible (even before filing your personal injury claim)

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personal injury claims process

You don’t want to wait too long after your injury before filing your claim, but there are a few key steps you don’t want to neglect if you can help it.

  • Gather as much evidence as you can. Granted, if you’re reading this post, you probably aren’t still at the accident scene. But if you are, make sure to take pictures and get contact info from witnesses. And if you aren’t, take the time to write down what you remember in as much detail as you can.
  • Seek medical treatment. Do this even if you feel like your symptoms aren’t all that serious. For one, sometimes serious injuries don’t fully reveal themselves for a few days or even a few weeks after the incident. Two, it helps you to unambiguously demonstrate that your injuries are related to the accident. (Insurers will try to imply that delays in treatment are evidence that your injuries weren’t really that bad, or that you’re making them up.)
  • Hire a personal injury attorney. Trust us on this one—the sooner you contact a lawyer, the more they can typically do to help you. Right off the bat, the insurance claims adjuster is going to be looking for ways to dispute your damage claims, or even get you to say things that will unintentionally damage your case. They are not your friend and having a lawyer protecting you from the very beginning of the claims process helps you defend your rights.
People we’ve helped

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA
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Claiming first-party benefits

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what happens in a personal injury claim

When pursuing first-party benefits, you don’t file a claim against the at-fault party’s insurance company. Rather, you file for no-fault benefits with your own insurance company. Most first-party benefits are paid from your personal injury protection (PIP) insurance policy. Under Washington law (Section 48.22.085), your car insurance provider must offer you PIP.

Whether or not you want PIP coverage is your choice. If you choose not to purchase PIP coverage, you must notify your insurance provider in writing. Otherwise, your insurance company will automatically add it to your policy.

We strongly recommend that you purchase PIP in case you sustain an injury during a crash. You won’t have to prove the negligence of another party but getting benefits from your own insurance company can still be difficult. Attorney Zach Herschensohn can help you with that.

What first-party benefits cover:

  • Medical expenses: A comprehensive PIP policy pays for up to $10,000 in reasonable and necessary medical treatment costs. If you purchase additional coverage, you can receive up to $35,000 for medical expenses.
  • Wage loss: PIP pays for up to $200 per week in wage reimbursement for up to one year if you’re unable to work due to your injuries. You must have been out of work for at least 14 consecutive days after your crash to be eligible. If you purchase additional coverage, you can receive up to $700 per week. PIP pays for wage reimbursement for up to one year from the date of your crash.
  • Home assistance: If you’re unable to perform daily tasks at home due to your injuries, you’re likely eligible for home assistance. PIP pays up to $200 per week for assistance from a non-family member. Comprehensive PIP policies have a limit of $5,000 for home assistance. You have the option to purchase additional coverage to increase the limit to $14,600.
  • Funeral expenses: PIP pays up to $2,000 for each person killed in a crash to the closest surviving family members.
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Claiming third-party benefits

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personal injury claims process

Third-party benefits apply to injured parties whose damages exceed the PIP limit. When you pursue a third-party claim, you file a claim against the at-fault party’s insurance company. Third-party benefits pay for:

  • Cost of current and future medical care
  • Lost wages
  • Home assistance
  • Non-economic damages, such as pain and suffering, mental anguish and loss of enjoyment of life
  • Death benefits to the family of the victim if the injuries are fatal
  • Damage to property or loss of property

Unlike first-party claims, third-party claims are fault-based. That means you must prove that someone else’s negligence caused your injury.

Third-party benefits are paid when your lawyer and the insurer agree on a fair settlement. Most personal injury cases are resolved through settlements. Sometimes, an agreement can’t be reached, or the insurance company acts in bad faith. This is when your case will go to trial. Both your lawyer and the insurance company will present their arguments and evidence they have gathered. Should your case go to trial, you will only be compensated if a verdict can be reached.

Connecting your injuries to negligence

Negligence occurs when an individual fails to use caution or acts in a reckless manner when any reasonable person would have used caution in the same situation. For instance, any reasonable person would avoid texting and driving. The driver who causes a crash while texting and driving acts in a negligent manner.

When litigating your case, it will take solid evidence to connect your injuries to someone else’s negligence. In most cases, some tactics your lawyer will use to gather evidence includes:

  • Reviewing police reports or incident reports
  • Surveying the scene where the incident occurred
  • Checking video footage from nearby surveillance cameras
  • Interviewing witnesses and cross-referencing their statements with other evidence
  • Getting a copy of your medical records
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A quick walkthrough of the personal injury claims process

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personal injury claims process

So now that you know a little bit more about the types of claims you may be eligible to make, let’s break down the actual personal injury claim process into the basic steps.

You and your lawyer investigate the case

As mentioned above, you’ll need to have solid evidence to support your claim that the other party (or parties) were responsible for your injuries. But you’ll also need to accurately calculate how much you’re entitled to receive in financial compensation. Even if the insurance company agrees that their driver was 100% at fault, they’ll still probably try to get you to take less than you deserve. And if you settle, you can’t go back for more later.

Your lawyer will leave no stone unturned when determining the value of your claim. No two personal injury claims are alike, so determining how much compensation you’re eligible for will take some time. These are the factors that will determine the value of your claim:

  • Your current and future medical expenses
  • An estimate of how long it will take for you to recover
  • Your loss of wages or earning capacity
  • The amount of physical pain, suffering and mental anguish you endured
  • If you will need home assistance, vocational rehabilitation or other long-term assistance
  • Punitive damages (this only applies to recklessness or malicious behavior)

You attempt to negotiate a settlement

Once a full investigation has taken place and you’re armed with all your evidence, you’ll make your demand letter for compensation. (You should also wait until you’ve made your maximum medical improvement after the injury. Otherwise, you run the risk of significantly underestimating your future medical bills.)

Very frequently, the insurer isn’t going to agree to your initial offer—just like you generally shouldn’t agree to theirs. But if both sides can’t reach a middle ground that’s fair, it’s time to get the court involved.

You file a personal injury lawsuit

Filing a lawsuit doesn’t necessarily mean that your case is going to trial. Both sides can continue to negotiate pretty much right up to the court date, and most of the time they do manage to reach an agreement. (Trials are risky for everyone involved, so both sides are usually highly motivated to avoid them.)

But by filing a lawsuit, you show the insurer that you’re willing to go to the mat to get what you rightly deserve. And you also start a formal process with defined set of legal steps that will ultimately end in a resolution—one way or another.

There will be what’s known as a discovery process, in which attorneys from both sides will investigate each other’s evidence and legal arguments. You may be asked to give a deposition or answer a series of questions.

Once everybody’s cards are on the table, it’s usually easier to hash out a fair settlement—sometimes with the use of independent mediator helping things along. But if the sides still can’t agree, the case will go to trial.

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Why hire an experienced personal injury lawyer?

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personal injury claims process

The at-fault party’s insurance company is going to start building a case against you from the get-go. They have no interest in compensating you and will do everything in their power to downplay your claim. Their goal is to close your case out as cheaply as possible, and if they don’t have a strong basis to deny your claim, they’ll likely throw out a quick lowball settlement, then try to drag the process out as long as possible if you don’t take it.

Seeking legal advice from personal injury attorney as soon as possible is one of the best ways you can protect yourself from these dirty tricks. A great attorney will steer you clear of the traps insurer’s set to sabotage your case. They will also have the experience, training, and connections to help you sort through the evidence, establish proof of the other party’s negligence, and make sure you claim every last cent of damages that you’re entitled to receive.

Injured people in Washington put their trust in Attorney Zach Herschensohn because he never stops fighting for the best possible outcome. He has fought to recover millions of dollars in damages for his clients and has the case results to prove it.

RELATED RESOURCE: Top Case Results

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Level the playing field by calling the Zach Herschensohn team

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personal injury claims process

If you’ve been injured, there is simply too much at stake to risk handling the case on your own. Get experience on your side. Set up your free and confidential legal consultation with Herschensohn Law Firm, PLLC to learn about your legal options. We serve injured people in Kent and throughout the greater Seattle Metro area. Contact us online or call us today.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Our results speak for themselves

$1.6m
SETTLEMENT

After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.

$1.25m
SETTLEMENT

When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.

$950k
SETTLEMENT

When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.

VIEW MORE RESULTS
CONTACT HERSCHENSOHN LAW

Hurt? Let our law firm handle the details

When you request your free consultation, Kent personal injury attorney Zach Herschensohn will listen to you, answer your questions, lay out your legal options, and give you down-to-earth legal advice.

When you work with our law office, there are no obligations, hidden fees, or fine print. It’s that simple.

Request your free case evaluation

We’ll meet with you to help you understand your legal options and what to do next.

Enter your contact information:

Disclosure(Required)
This field is for validation purposes and should be left unchanged.

We’re proud to fight—and win—for injured people in Kent, Washington. View our case results to learn more.

VIEW RESULTS

Complex personal injury

  1. 4 Important questions to ask a potential personal injury lawyer
  2. How much experience do you have with cases like mine?
  3. How much do you think my case is worth?
  4. How much does it cost to work with your law firm? 
  5. How often do you take cases to trial and how much do you litigate?
  6. Injured? Talk to Herschensohn Law today
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4 Important questions to ask a potential personal injury lawyer

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questions to ask personal injury lawyer

If you want to get the highest amount of compensation you can after a personal injury (and honestly, who doesn’t?) then picking the right lawyer to represent you is one of the most important decisions you can make.

But chances are, if you’re reading this blog post, you aren’t a lawyer and you might not know the first thing about telling a good one from a bad one. On top of that, you may already have as much as you can handle just trying to pay your medical bills, heal from your injuries, and rebuild your life. To make matters more complicated, if you wait too long to talk to a lawyer there’s a very real possibility that critical evidence will “disappear,” statutes of limitations could be missed, or you’ll make a preventable mistake dealing with the insurance company that ends up weakening your case.

Car Accident lawyer Seattle, WA

Related Article

How Insurance Companies Approach Car Accident Claims

So yes, we get it—choosing a lawyer in those early days after an injury can seem utterly overwhelming. But even if you know absolutely nothing about the law, there are still several important questions you can ask an attorney before you hire them that can help you narrow down your options and find a good fit. Here are some of the big ones:

questions to ask personal injury lawyer
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1. How much experience do you have with cases like mine?

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what questions to ask personal injury lawyer

Most people understand that different lawyers specialize in different areas of the law—you wouldn’t hire a tax attorney or an estate planning lawyer to handle a car accident case.

But even within the field of personal injury law, there’s still a lot of different types of cases. Does your lawyer handle mostly auto accident cases? Slip and fall accidents? Defective products? You get the idea.

Although every case is unique, you ideally want to work with a personal injury that not only has years of experience in the relevant area of law, but also has worked cases that have similar circumstances to yours.

Ask your lawyer about past cases and past clients, and what the outcomes of those cases were. (They may not be able to name names but should be able to relate the basic details.) If an attorney can only give evasive and vague answers to this question, it’s a red flag. 

what questions to ask personal injury lawyer
People we’ve helped

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA
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2. How much do you think my case is worth?

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personal injury lawyer

To be clear, a good personal injury lawyer probably won’t answer this a single, specific number. In fact, it’s a red flag when a lawyer who is too confident or provides you with any kind of guarantee. At the initial consultation stages, there’s just not enough information available yet to make that kind of promise.

Instead, your lawyer should be able to give you a range based on similar cases they have worked on in the past. You want a lawyer who can give you clear and realistic estimates, explain how settlement values are calculated, and walk you through some potential scenarios for your case.

RELATED: How does my attorney determine the value of my car accident claim?

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3. How much does it cost to work with your law firm?

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cost to work with law firm

The vast majority of personal injury attorneys work on a contingency fee basis. In other words, they offer free initial consultations and they don’t charge for their time or legal representation services up front. Instead, they take their cut from your settlement or jury verdict. So, if you don’t win, your lawyer does not get paid.

If a personal injury attorney does not work on contingency but asks you to pay for their time out-of-pocket, run very fast in the opposite direction.

Some related follow-up questions to ask here:

How much will I get if I win? Your lawyer should be able to give you a percentage range that accounts for both the contingency fee and any further “case costs” that are incurred.

How are additional legal fees handled? Who pays them if I lose? In addition to a lawyer’s contingency fee, there are other associated costs involved with personal injury lawsuits—filing fees, expert witness fees, and more—which don’t go to the lawyer, and you’d have to pay even if you were representing yourself.

Some lawyers will ask you to pay those fees up front out of pocket. Most will pay them for you while the case is ongoing, then reimburse themselves them from your settlement check at the end.

Things get complicated if you don’t win your case and there’s no settlement check available for the law firm to pay itself back. Many personal injury attorneys will eat those fees, meaning that you truly will pay nothing out of pocket no matter the result of your case. But not all do.

Losing a case is already miserable enough; you definitely don’t want to be surprised by hidden fees, so it’s important to get clarity on this aspect of your claim upfront.

cost to work with law firm
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4. How often do you take cases to trial and how much do you litigate?

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personal injury lawyer questions

There are a couple of things you need to understand here before you ask this question.

First, the reality is that the vast majority of personal injury cases settle out of court. Only about 5% of personal injury cases actually go to trial, although this certainly varies according to the circumstances. In most situations, a fair pre-trial settlement is the main goal, and a trial is only a last resort.

But second—and this is crucial—

If your lawyer always settles cases and is gun-shy about filing a lawsuit or getting in front of jury, the insurance company absolutely will exploit that. Trust us: the insurance company claims adjuster assigned to your case definitely knows which attorneys in your area are real trial attorneys and which ones aren’t. If you don’t have an experienced trial lawyer, the insurance company knows it’ll be able to play hardball and settle for less than your case is worth.

A lawyer with solid trial experience (and a successful track record) is in a much better position during settlement negotiations. Just the threat of filing a lawsuit or going to trial is enough to extract higher settlement offers in most cases. And, of course, if your case is one of the 5% that doesn’t settle, you want to make sure this isn’t your attorney’s first rodeo.

personal injury lawyer questions
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Injured? Talk to Herschensohn Law today

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If you’ve been hurt in an accident that wasn’t your fault, you deserve excellent legal representation to keep the insurance companies from taking advantage of you.

Zach Herschensohn is experienced, tenacious, knowledgeable, and ready to fight. He’s won millions for clients throughout Kent, the Seattle area, and King County; has extensive trial experience; and will work aggressively to get you a settlement or jury verdict that’s truly fair and provides you and your family with the compensation you need and deserve.

From initial case evaluation to filing your personal injury claim to negotiation to settlement or trial, our law firm handles all aspects of your case and work hard to get you the best possible settlement in the shortest possible time frame, so you can focus on rebuilding your life.

If you think our law firm might be a good fit for your situation, please reach out to us today for a free consultation. Go ahead and ask us all the questions in this blog post, and any others you can think of. We will happily answer any questions you have, and give you clear, honest legal advice about your case and what we think the next steps should be.

To reach out, call our office at (206) 588-4344 or complete our simple online form.

The Law Dictionary. Pre-trial Settlement Percentage: Statistics on Personal Injury Settlements. Retrieved from: Statistics on Personal Injury Settlements.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Our results speak for themselves

$1.6m
SETTLEMENT

After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.

$1.25m
SETTLEMENT

When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.

$950k
SETTLEMENT

When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.

VIEW MORE RESULTS
CONTACT HERSCHENSOHN LAW

Hurt? Let our law firm handle the details

When you request your free consultation, Kent personal injury attorney Zach Herschensohn will listen to you, answer your questions, lay out your legal options, and give you down-to-earth legal advice.

When you work with our law office, there are no obligations, hidden fees, or fine print. It’s that simple.

Request your free case evaluation

We’ll meet with you to help you understand your legal options and what to do next.

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We’re proud to fight—and win—for injured people in Kent, Washington. View our case results to learn more.

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  1. What is the statute of limitations in Washington state for personal injury cases?
  2. What is the statute of limitations (and what happens if I miss it)?
  3. If you want to maximize your chances at a great settlement, you have to move quickly
  4. Building a strong case takes time
  5. An experienced personal injury attorney like Zach Herschensohn can help you get the settlement you deserve
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What is the statute of limitations in Washington state for personal injury cases?

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what is the statute of limitations in washington state

If you or a loved one have been injured in a car accident, slip and fall, or suffered any other kind of personal injury in the State of Washington, you only have a limited time to file a claim or lawsuit against the at-fault party. For most personal injury cases, it’s three years from the date of the accident.

At first, three years might seem like a lot of time, especially if it’s only been a couple of days since the accident. But that doesn’t mean it’s time to relax—not by a long shot.

personal injury lawyer

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Common Missteps Following An Accident

Three years might be the deadline to file your claim. But, there’s a lot of work that needs to happen beforehand to make sure your case is as strong as it can be, and you have the best chance at a fair settlement or jury verdict.

Just like in school, work, or any other important deadline in life, waiting until the last minute can have catastrophic consequences. In this case, that could be a significantly smaller settlement, or even permanently losing your ability to collect anything at all. In this post, we take a closer look at the personal injury statute of limitations, and why you don’t want to wait too long to file.

what is the statute of limitations in washington state
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What is the statute of limitations (and what happens if I miss it)?

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statute of limitations washington state

The statute of limitations is a set time period after a specified event (for example: car accident, personal injury, medical malpractice, wrongful death) in which you can file a lawsuit against the people or parties that hurt you in order to recover financial compensation (called damages).

Again, the Washington statute of limitations is three years for almost all types of personal injury cases. There are a few rare exceptions where the time limit can be extended—such as medical malpractice that isn’t discovered right away—but in most cases it’s a very hard deadline.

If you miss the deadline, you won’t be able to file a lawsuit or collect any compensation, regardless of whether or not the other party was at fault, and regardless of how expensive your care might be.

RELATED: The three biggest mistakes people make after a car accident

statute of limitations washington state
People we’ve helped

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA
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If you want to maximize your chances at a great settlement, you have to move quickly

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personal injury cases

For example:

  • Physical evidence at the scene of an accident might only be around for a few hours. If you don’t take pictures or get a police report, that evidence will be gone for good.
  • Eyewitnesses can quickly leave the scene, or their memories might become hazy if you wait too long to follow up with them. (Ideally, your personal injury attorney is the one contacting witnesses to secure their testimonies).
  • If you’re involved in a truck accident, the trucking company only has to hold certain evidence (such as data from the onboard computer) for a short period of time before they can legally destroy it. You might have only a few months at most.
  • Any security camera footage that might have captured the accident could be wiped. Most businesses wipe security footage regularly—often monthly, if not more frequently.
  • The longer you wait to pursue legal action (especially if you are unrepresented) the greater the risk that the insurance company will take advantage of you by getting you to give statements that harm your case, accept a settlement that’s far below fair, or by collecting their own “evidence” to argue that you aren’t really as injured as you say you are.

All this is to say that, if you don’t get the ball rolling on your case as soon as possible, you will only weaken your position. Memories get hazy, it gets harder to prove that your injuries were linked with the accident, and insurance companies that put their own needs ahead of yours will have more time to cover their tracks.

personal injury cases
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Building a strong case takes time

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statute of limitations for personal injury case

Very few cases are as simple as they appear at first glance. Even when it seems completely obvious who was at fault, that doesn’t mean you can just file a personal injury claim and expect to get a fair settlement offer from the insurance company.

For example, do you know how much you should claim in damages? You can claim economic damages, such as your health care bills and lost wages—not only those you’ve already incurred, but those you are likely to incur in the future, too. But you may also be able to claim non-economic damages like pain and suffering, mental anguish, and loss of enjoyment of life. In some cases, there may even be punitive damages to punish an at-fault party who engaged in particularly reckless behavior.

Considering all these factors to calculate a “fair” settlement amount is complicated. It not only requires detailed record-keeping, but in many cases also requires thorough evidence gathering, speaking with expert witnesses, and more. Meanwhile, you can be sure the insurance company is going to try to get you to settle for the lowest amount they can.

Instead of thinking of the statute of limitations as a “deadline,” think of it as a window. Some cases are relatively simple, and we can file a personal injury lawsuit within a few weeks or months of the accident. Others are incredibly complex and may require more than a year of careful preparation before we’re ready to file. By starting the process as soon as possible, you can take as much time as you need to gather all the evidence and make sure you uncover all potential sources of damages you can claim before the lawsuit is filed.

RELATED: What to expect from your personal injury claim

statute of limitations for personal injury case
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An experienced personal injury attorney like Zach Herschensohn can help you get the settlement you deserve

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The best time to call a personal injury lawyer is within a few days of your injury—ideally, even before you speak with a claims adjuster from the insurance company. Insurance companies will not hesitate to take advantage of injury sufferers who are not represented by an attorney. They may try to get you to give statements admitting fault or provide you with a quick settlement offer that’s far less than what your case is worth. Don’t take the bait. Once you settle, you permanently lose the ability to sue for more later. Hiring a lawyer with extensive experience with similar kinds of cases will protect you from insurance company gamesmanship and give you a much stronger negotiating position. You can focus on healing, while your lawyer can focus on gathering and protecting key evidence, making sure you file all court documents in a timely manner, and standing up to the insurance company on your behalf. Zach Herschensohn has a strong reputation in the Seattle metro area for fighting for his clients and helping them achieve great settlements from the insurance companies. If you or a loved one have been injured in an incident that wasn’t your fault, reach out today for a free case evaluation. Just call (206) 588-4344, or use our online contact form to get started.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Our results speak for themselves

$1.6m
SETTLEMENT

After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.

$1.25m
SETTLEMENT

When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.

$950k
SETTLEMENT

When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.

VIEW MORE RESULTS
Request your free case evaluation

We’ll meet with you to help you understand your legal options and what to do next.

Enter your contact information:

Disclosure(Required)
This field is for validation purposes and should be left unchanged.

We’re proud to fight—and win—for injured people in Kent, Washington. View our case results to learn more.

VIEW RESULTS

Complex personal injury

  1. While checking Facebook, driver hits, kills man changing tire on I-5 in Tacoma
  2. Distracted driving in Washington state
  3. Send distracted drivers a message that’s loud and clear
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While checking Facebook, driver hits, kills man changing tire on I-5 in Tacoma

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Man changes Flat Tire by the Highway

Stranded on the side of the highway with a blown tire and cars ripping past is a nightmare scenario for many people, and for good reason. Every year people are killed on the roadside while trying to change tires.

In Tacoma, a woman who was distracted by her cellphone allegedly struck and killed a man while he was changing a tire on I-5. Police say the crash happened in the northbound lane of the I-5 collector-distributor section at South 38th Street around 8:40 a.m. on May 10, 2021.

personal injury lawyer

Related Article

Common Missteps Following An Accident

According to a local news report, the man died at the scene of the accident. The woman who hit him is now being charged with vehicular homicide after she admitted she was checking Facebook on her cellphone at the time of the crash.

Washington state has some of the strictest distracted driving laws in the country, but there will always be drivers who throw caution into the wind and put themselves and everyone else on the road in danger. A recent study even found that Washington state has some of the most distracted drivers around —  and that the state is taking great strides toward changing the situation.

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Distracted driving in Washington state

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A recent MyCarInsurance123 study ranked Washington as the state with the 4th most distracted drivers in the U.S. In 2018, distracted driving was a factor in nearly 15% of all fatal crashes in the state. The only other factor that contributed more often to deadly crashes was speeding.

Soon after the ranking was released, Washington rolled out a new set of strict anti-distracted driving laws with tough penalties. In Washington, you can only use a cellphone while driving if it is a hands-free device, you’re parked outside of the flow of traffic, or you are contacting emergency services. You cannot use your cellphone while stopped in traffic.

The new laws seemed to be working. There was a 25% reduction in fatal accidents involving distracted drivers in its first year, but progress may have been interrupted by COVID-19. While distracted driving fatalities continue to drop, the number of distracted drivers observed on Washington streets shot up in 2020.

It appears many Americans used the empty streets provided by pandemic lockdowns to drive recklessly. Across the U.S., the number of citations issued for drivers going above 100 mph spiked. In Washington, the statewide distracted driver rate increased from about 7% of drivers to 9.5%.

People we’ve helped

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA
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Send distracted drivers a message that's loud and clear

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If you or a loved one was injured in a car accident caused by a distracted driver, you have the right to seek financial compensation for all your losses. This can include compensation to cover the cost of your medical bills, lost income, your pain and suffering, and any other compensable damages you suffered as a result of the crash.

At Herschensohn Law Firm, PLLC, attorney Zach Herschensohn has been representing accident victims in Kent and the Seattle Metro area for years. Known for his strong work ethic, high energy, and professionalism, Attorney Herschensohn can protect your legal rights and fight for the money you’re entitled to.

Don’t waste your time and energy arguing with an insurance company about compensation. Let an experienced car accident lawyer deal with them instead so you can focus on moving forward from your injury.

Contact us today at our office in Kent, WA for a free consultation.

Our results speak for themselves

$1.6m
SETTLEMENT

After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.

$1.25m
SETTLEMENT

When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.

$950k
SETTLEMENT

When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.

VIEW MORE RESULTS
CONTACT HERSCHENSOHN LAW

Hurt? Let our law firm handle the details

When you request your free consultation, Kent personal injury attorney Zach Herschensohn will listen to you, answer your questions, lay out your legal options, and give you down-to-earth legal advice.

When you work with our law office, there are no obligations, hidden fees, or fine print. It’s that simple.

Request your free case evaluation

We’ll meet with you to help you understand your legal options and what to do next.

Enter your contact information:

Disclosure(Required)
This field is for validation purposes and should be left unchanged.

We’re proud to fight—and win—for injured people in Kent, Washington. View our case results to learn more.

VIEW RESULTS

Complex personal injury

  1. Zoom trial: $150K settlement for retired nurse
  2. Fighting for clients with the help of technology
  3. Getting results under difficult circumstances
  4. About our law firm
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Zoom trial: $150K settlement for retired nurse

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Justice gavel and laptop computer keyboard

When people are injured due to the negligence of another, they have the right to take legal action to seek financial compensation through the courts. This process can take years under the best of circumstances, but the pandemic has led to even further delays.

“Because of COVID-19, the court system has taken measures that have limited the ability for injured plaintiffs to get their personal injury cases to jury trials,” said personal injury lawyer Zach Herschensohn of Herschensohn Law Firm PLLC. “This has made it much more difficult for us to help clients resolve their cases.”

personal injury lawyer

Related Article

Common Missteps Following An Accident

Earlier this year, however, King County Superior Court began holding jury civil trials via Zoom to help people get their day in court while also implementing safeguards to help keep them safe from the virus.

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Fighting for clients with the help of technology

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Herschensohn Law Firm PLLC participated in one of these trials and as a result, a retired nurse injured at a Barnes & Noble store will receive $150,000 in a settlement reached before a jury considered evidence.

The retired nurse was left with a permanent disability after tripping on a stool at a Barnes & Noble store on July 1, 2016, suffering a meniscus tear and an avulsed hamstring requiring two surgeries, said Zach Herschensohn.

He said the trial took place in a specially constructed courtroom in the Meydenbauer Conference Center in Bellevue, Washington. Jury selection and witness testimony was conducted via Zoom.

Court officials told a reporter at KUOW they consulted public health experts before conducting the trials. Masks were required, while witnesses who appeared in person were provided with clear masks to help jurors assess their credibility. Start times for each trial were slightly staggered to prevent crowding in the building.

Herschensohn said it was one of fewer than 10 cases presented at the time that were tried in King County through video conferencing during the pandemic.

A bailiff managed the Zoom session through a laptop. A camera was located at the back of the courtroom. Another laptop was at the podium and connected to the Zoom session. This allowed lawyers to question witnesses or share digital evidence remotely. A large screen was also set up in the courtroom to display the session.

“It was definitely unusual and took some getting used to for everyone,” Herschensohn said. “But everybody adjusted and we were able to present our case to a jury.”

People we’ve helped

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA

“Very knowledgeable and trustworthy. Zach Herschensohn provided me with excellent service. He kept me well informed and explained complicated issues in a way I could understand. He took the lead and guided me through everything necessary to achieve a successful outcome. Overall, I am very pleased with his service and would highly recommend him to anyone.”

- P.R., Katy, WA
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Getting results under difficult circumstances

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The settlement was reached in September after both sides presented their case at trial via Zoom but before the jury was able to reach a verdict.

“We’re proud to have had the opportunity to go to trial even during a pandemic,” said Herschensohn. “This settlement came after a long fight, but we’re happy to finally get our client this well-deserved compensation.”

Zoom trials are continuing in King County and will likely be a part of legal proceedings well into 2021. It remains to be seen if Zoom will continue to be used after the pandemic is under control. In the meantime, Herschensohn said he appreciates the opportunity to move cases forward.

“This pandemic has affected every aspect of our lives and the trial courts are no exception,” said Herschensohn. “The legal system has found a way to continue the business of the courts and we will continue to use this new process to get justice for our clients.”

In our case, ALL of the witnesses appeared via zoom, there were no in-person witnesses, only the lawyers, jurors, and judges were in the same room. We were socially distanced.

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About our law firm

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Herschensohn Law Firm, PLLC is committed to serving injured people in Kent, Washington and throughout the greater Seattle area. We handle a wide range of personal injury cases such as car and truck accidents, motorcycle accidents, slip and falls, workplace injuries, negligent security, dog bites, and wrongful death. Attorney Zach Herschensohn possesses a wealth of legal knowledge and experience litigating cases. He fights for maximum compensation for his clients. If you were injured, contact us online or call us to schedule your free legal consultation.

Our results speak for themselves

$1.6m
SETTLEMENT

After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.

$1.25m
SETTLEMENT

When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.

$950k
SETTLEMENT

When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.

VIEW MORE RESULTS
CONTACT HERSCHENSOHN LAW

Hurt? Let our law firm handle the details

When you request your free consultation, Kent personal injury attorney Zach Herschensohn will listen to you, answer your questions, lay out your legal options, and give you down-to-earth legal advice.

When you work with our law office, there are no obligations, hidden fees, or fine print. It’s that simple.

Request your free case evaluation

We’ll meet with you to help you understand your legal options and what to do next.

Enter your contact information:

Disclosure(Required)
This field is for validation purposes and should be left unchanged.

We’re proud to fight—and win—for injured people in Kent, Washington. View our case results to learn more.

VIEW RESULTS
19219 68th Ave S Suite M-101
Kent, WA 98032
301 E 2nd Ave Suite 201
Ellensburg, WA 98926
21916 Meridian Ave E
Graham, WA 98338
1918 1st Ave N
Seattle, WA 98109
1357 NW Louisiana Ave
Chehalis, WA 98532

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