Seattle Car Accident Lawyer

At Herschensohn Law Firm, PLLC, we represent car accident victims in Seattle, WA, helping them understand the legal process and secure compensation for their injuries. Attorney Zach Herschensohn has built a trusted reputation for providing aggressive and effective advocacy. Below are essential legal terms and concepts you may encounter during a car accident claim.

Loss Mitigation

Loss mitigation is a legal obligation requiring injured parties to take reasonable steps to reduce the impact of their damages following an accident. This means that after a car accident, an injured person must seek timely medical attention, follow their healthcare provider’s recommendations, and avoid actions that could worsen their condition. For example, if someone delays treatment for a broken arm, which then leads to complications, the defendant could argue that the victim failed to mitigate their losses. Courts often consider whether an injured party took reasonable measures to minimize additional harm or financial losses.

This concept extends beyond medical care. It also applies to property damage and employment. For instance, if a vehicle is damaged in a crash, the owner should take steps to prevent further damage, such as arranging for towing or securing a temporary repair. Similarly, if injuries allow for light work during recovery, the injured party may need to demonstrate efforts to return to work. Loss mitigation is a critical aspect of a car accident claim that can directly impact the amount of compensation awarded.

Collateral Source Rule

The collateral source rule prevents defendants in a car accident case from reducing their liability by pointing to payments the plaintiff received from other sources. For instance, if an injured party’s medical bills are partially covered by health insurance or another third party, the at-fault driver or their insurance company cannot argue that their compensation should be reduced by the amount already paid. This principle helps protect accident victims from losing part of their settlement or award simply because they had insurance or other financial assistance.

In Washington, this rule ensures that plaintiffs can recover the full amount of damages related to their injuries and losses. However, it is essential for plaintiffs to understand how evidence of collateral payments is treated in court. The rule emphasizes that defendants should not benefit from payments unrelated to their own liability. This principle underscores the importance of thoroughly documenting all expenses and losses, regardless of any outside compensation received.

Structured Settlement

A structured settlement is an arrangement in which compensation is paid to a plaintiff over time in a series of regular payments, rather than a single lump sum. This type of settlement is often used in cases where victims have long-term care needs or ongoing medical expenses. For example, someone who suffers a severe spinal injury in a car accident might choose a structured settlement to provide steady income for future medical care, rehabilitation, and daily living expenses.

Structured settlements offer financial security, as they prevent the recipient from spending their entire compensation quickly. They can also provide tax benefits since many payments in personal injury settlements are exempt from federal and state income taxes. However, they may limit immediate access to funds, which is why they are often tailored to meet specific needs, such as larger upfront payments for initial costs followed by smaller recurring payments. It’s essential to carefully evaluate this option when considering settlement offers.

Third-Party Claim

A third-party claim is a legal action filed against someone other than the injured person’s own insurance provider. In car accident cases, this usually means filing a claim with the at-fault driver’s insurance company to recover damages. For example, if a distracted driver causes a rear-end collision, the injured driver can file a third-party claim against the at-fault driver’s insurer to cover medical bills, lost wages, property damage, and other related costs.

Third-party claims require evidence to prove the at-fault party’s responsibility for the accident. This can include police reports, witness statements, medical records, and photographs of the crash scene. Unlike first-party claims, which involve dealing with your own insurer, third-party claims often require negotiations with the at-fault driver’s insurer, which may attempt to minimize the payout. Having a clear understanding of your rights and strong documentation is crucial to achieving fair compensation in these cases.

Stacking Of Insurance Policies

Stacking of insurance policies is a practice that allows injured individuals to combine coverage limits from multiple insurance policies to maximize their recovery. This is especially important in cases where one policy’s limits are insufficient to cover the full extent of the damages. For example, if an injured person’s medical bills exceed the at-fault driver’s policy limit, they may be able to “stack” their own uninsured or underinsured motorist (UM/UIM) coverage to make up the difference.

In Washington, policy stacking may be available depending on the terms of the insurance policies involved. This process can significantly affect the total amount of compensation available to a car accident victim, particularly in severe accidents involving catastrophic injuries. Understanding how stacking applies to your situation requires a thorough review of your insurance coverage and applicable laws. Properly leveraging this option can make a meaningful difference in covering the financial impact of an accident.