What Are My Rights if I’ve Been Hit?
It is important to know what your rights are if you’ve been hit by a car, truck, or another vehicle. Your rights include:
- The right to have an attorney represent you
- The right to seek compensation from the liable party’s insurance company
- The right to negotiate for a fair settlement
After a car accident, several parties may try to talk to you about what happened. The only people you should talk to are:
- The liable party: If you are both well enough after the crash, you can approach the other driver and ask for their contact and insurance information. Do not say anything else about the accident.
- The police: According to the Washington State Office of the Attorney General, you should respond to the officer’s questions honestly but briefly. Avoid accepting or placing blame, and do not veer from the known facts.
- Your doctor: Be honest with your doctor about how your injuries occurred and what symptoms you are experiencing.
If an insurance adjuster or other insurance representative tries to talk to you, you have the right to not say anything right away. Inform them you are in the process of hiring an attorney, and then do so.
Why Hire a Lawyer?
You probably want to get your compensation as fast as possible. You may even be tempted to forego legal counsel and accept whatever settlement the insurance company offers, just to end the process faster.
The insurance company is counting on you having this mindset. It makes it easier for them to:
- Pay you a fast but small settlement that does not cover your needs
- Get you to record a statement about the accident, which they can use to turn your own words against you and blame the accident on you
- Find “evidence” showing that your injuries are not as bad as you say, or were caused by something other than the accident
If you’ve been hit, an attorney from Herschensohn Law can do a lot for your case, including:
- Figuring out how much compensation you deserve
- Fighting hard to make the insurer pay that money
- Speaking to the insurance company and other involved parties on your behalf
- Accompanying you to meetings with others and helping you answer their questions in ways that do not put your case at risk
As stated in RCW § 4.16.080, you have the right to file for compensation for up to three years from the day you were injured. If you do not exercise this right, you could lose it, so it is vital that you start exploring your options quickly.
If you file your lawsuit on time, you could pursue some or all of the following damages, depending on the nature and severity of your injuries:
- Pain and suffering
- Mental trauma and anguish
- Reduced quality of life
- Physical disability
- Intellectual disability
- Disfigurement
- Loss of consortium
- Medical expenses
- Travel expenses related to medical care
- Property damage or loss
- Loss of income and benefits
- Loss of earning capacity
- Loss of employment or employability
Additional damages may be available to the surviving relatives of wrongful death victims. We can evaluate your case and determine how much you can recover.
“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.”
“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.”
“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.”
“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.”
“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.”
You do not have to accept the first settlement offer the insurance company makes. In fact, it is often better if you do not: as stated before, the insurer may try to give you much less than you are qualified to receive.
You have the right to negotiate, or to have your lawyer negotiate, with these insurance companies for a fairer settlement. This process requires you to:
- Collect evidence to support each damage you are seeking, and to prove the insurer’s client is liable for your injuries
- Arrange a time and place to meet with the insurance company’s representatives
- Use your evidence to persuade the insurer that the best way to end your case quickly is to pay what you ask for
- Carefully review each settlement offer to make sure it includes everything you need
If negotiations do not succeed or are not an option, you have the right to take your case to trial. There, you (or your lawyer) would have the opportunity to present your case for compensation before a jury, who would then decide how much, if anything, to award you.
The personal injury claims process can be complicated and stressful. The insurance company could try to deny you fair compensation while you are trying to heal from severe injuries that make it hard to focus. Herschensohn Law can make things easier by filing and fighting your case for you.
If you remain unaware of your rights after a traffic accident, you could end up losing them. That includes the right to be compensated for everything the accident cost you.
You can rely on Herschensohn Law to guarantee your rights are preserved at every turn. We protect our clients by:
- Advising them of their rights through a free case evaluation
- Helping them make important decisions about their case’s direction
- Completing all legal tasks on their behalf, ensuring that their case is not dismissed due to an accidental error or technicality
- Being there to address any concerns or issues they have throughout the case
If you suspect that someone is trying to violate your rights (for example, if the insurer tells you not to hire a lawyer) tell us immediately so we can take quick action. Everyone deserves a fair chance of recovering damages after a traffic accident.
If you’ve been hit, know what your rights are. Herschensohn Law can tell you more about your rights and how you can take advantage of them during a free, no-risk case evaluation. Call us at (206) 588-4344 when you are ready to begin. We never charge attorney’s fees until after our clients get their compensation.
Our results speak for themselves
After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.
When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.
When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.
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.