Tacoma Injury Law FAQs – Comprehensive Guide
Understanding Your Rights After an Accident
Accidents happen in seconds, but recovery and compensation take time and knowledge. If you’ve been injured due to someone else’s negligence, you probably have questions—about insurance, medical bills, deadlines, and what to expect next. This comprehensive FAQ from our Tacoma personal injury lawyers is designed to give you clear, practical answers grounded in Washington law and decades of local experience.
Use this guide as a starting point. Every injury case is unique, and while these answers can help you understand the process, personalized legal advice can make all the difference in your recovery.
After an Accident: First Steps and Legal Basics
Accidents create chaos and confusion, and your early decisions can shape the outcome of your case. This section explains what steps to take, what to avoid, and how Washington law defines your rights right after an accident.
What should I do right after an accident in Washington State?
Your health and safety come first. Get medical attention immediately, even if your injuries seem minor. Call the police to create an official accident report, take photos of the scene and vehicles, gather witness contact information, and exchange insurance details with the other driver. Avoid admitting fault or speculating about the cause of the accident.
When should I contact a personal injury lawyer?
The sooner, the better. A lawyer can preserve evidence, handle communication with insurance adjusters, and ensure you don’t miss important deadlines. Early involvement often leads to stronger outcomes and less stress for you.
How long do I have to file a personal injury claim in Washington?
Washington law gives you three years from the date of the accident to file a personal injury claim. Missing this deadline can forfeit your right to recover damages. Exceptions exist for minors or injuries discovered later, but don’t rely on them—act early.
What if I was partially at fault for the accident?
Washington follows a comparative negligence system. That means you can still recover damages even if you were partly responsible. Your compensation is reduced by your percentage of fault—for example, if you were 20% at fault, you could still receive 80% of the total damages.
Medical Treatment & Documentation
Proper medical care is essential to your health—and to proving your claim. This section covers how treatment choices, documentation, and follow-up care affect compensation.
Can I choose my own doctor or specialist?
Yes. You have the right to choose your healthcare provider. You are not required to see a doctor chosen by the insurance company. Choose a provider experienced in treating accident-related injuries, and communicate openly about your symptoms.
What if I delay medical treatment after an accident?
Delaying care can hurt both your health and your case. Insurance companies may argue your injuries weren’t serious or weren’t caused by the accident. Always get evaluated promptly and follow your doctor’s instructions.
What medical records should I keep?
Maintain complete records of your treatment and recovery. Keep:
-
All medical bills and receipts
-
Doctor notes and treatment plans
-
Imaging results (X-rays, MRIs, CT scans)
-
Prescription lists
-
Mileage logs for appointments These documents establish the full cost and extent of your injuries.
What if symptoms appear weeks later?
Some injuries—like concussions, whiplash, or soft-tissue damage—emerge days or weeks after the incident. Return to your doctor immediately if new symptoms appear. Document the changes and inform your attorney; late-developing symptoms can still be included in your claim.
Are chiropractic or alternative therapies covered?
Yes, many personal injury claims include reimbursement for chiropractic care, massage therapy, or other medically recommended alternative treatments. The key is demonstrating that the treatment was prescribed by a healthcare provider and directly related to your accident injuries. Keep all receipts and documentation from these providers—insurance companies often require proof of medical necessity before approving reimbursement.
Case Value & Compensation
Determining how much a case is worth involves law, evidence, and judgment. In this section, you’ll learn what factors drive settlement value and how compensation is calculated in Washington.
How do you calculate my case’s value?
Value depends on several factors: severity of injuries, medical costs, lost wages, long-term prognosis, pain and suffering, and fault percentage. Each case is unique; your lawyer will calculate a range once all evidence and medical documentation are reviewed.
What damages can I recover?
You may recover both economic and non-economic damages:
- Economic: medical expenses, lost wages, property damage.
- Non-economic: pain, emotional distress, reduced quality of life. Your attorney will pursue both types as applicable.
How is pain and suffering calculated in Washington?
There’s no fixed formula. Lawyers often use medical evidence and expert testimony to illustrate the real-life impact of your injuries. The goal is fair compensation for how the injury affects your daily life, relationships, and wellbeing.
Can I recover future medical expenses or loss of earning capacity?
Yes. If your injury requires ongoing care or affects your ability to work, those projected costs can be included in your settlement demand.
Does Washington allow punitive damages?
Generally, no. Washington law does not permit punitive damages in personal injury cases except in rare cases of intentional misconduct. Compensation focuses on making you whole, not punishing the at-fault party.
Washington Laws & Local Context
Each state has its own injury laws, and Washington’s rules can significantly affect your case. This section highlights key local differences and how Tacoma’s legal landscape impacts personal injury claims.
How does Washington’s comparative negligence law work?
If you’re partly at fault, your recovery is reduced by your percentage of fault. For instance, if total damages are $100,000 and you’re 25% responsible, you can recover $75,000.
Are there limits (caps) on damages in Washington?
No. Washington does not cap compensation for pain and suffering or other damages in personal injury cases.
Do I have to file in Tacoma or where the accident happened?
Claims are usually filed in the county where the accident occurred or where the defendant lives. For most local cases, that means Pierce County Superior Court in Tacoma.
What local courts handle personal injury cases in Pierce County?
Most cases are filed in Pierce County Superior Court. Smaller claims (under $100,000) may qualify for mandatory arbitration, a faster, less formal process.
Insurance & Medical Coverage
Insurance rules are often the most confusing part of an accident claim. Here we explain how coverage works, what insurers can ask, and how to protect yourself while medical bills and repairs pile up.
Do I have to talk to the other driver’s insurance company?
No. You are not required to speak directly with the other driver’s insurer. Their adjuster’s job is to minimize payout, not help you. Anything you say could be used against your claim. Let your lawyer handle communications to protect your rights.
What happens if the other driver has no insurance or limited coverage?
If the at-fault driver is uninsured or underinsured, your own Uninsured/Underinsured Motorist (UIM) coverage can compensate you. UIM coverage steps in when the other party’s policy can’t cover your damages. If you’re unsure whether you have UIM coverage, your lawyer can review your policy.
How does Personal Injury Protection (PIP) work in Washington?
PIP is an optional add-on that pays for medical treatment, lost wages, and certain expenses regardless of who caused the crash. It’s often your first line of coverage for immediate medical care. If your expenses exceed your PIP limit, your health insurance or the at-fault driver’s insurer may cover the rest.
What is subrogation, and will my health insurer ask for reimbursement?
If your health insurance pays for accident-related care, they may later request repayment when you receive a settlement—this is called subrogation. Whether they can collect depends on your policy type and Washington law. Your attorney can often negotiate to reduce or eliminate that repayment.
Who pays my medical bills while my case is pending?
In most cases, PIP or your health insurance covers your medical bills upfront. The at-fault driver’s insurer reimburses these costs later through settlement. Keep all receipts and medical documentation so your lawyer can ensure accurate repayment and maximize compensation.
The Personal Injury Claim Process
The claims process can feel opaque to anyone unfamiliar with it. These questions walk you through each step, showing how your case progresses from the first meeting to final resolution.
How does a personal injury claim work from start to finish?
A typical claim involves several stages:
- Consultation: You meet with an attorney to review your case.
- Investigation: Evidence is gathered, including police reports, medical records, and witness statements.
- Demand: Your lawyer sends a settlement demand to the insurance company.
- Negotiation: The insurer responds, and back-and-forth discussions occur.
- Litigation or Arbitration: If no fair settlement is reached, your lawyer files a lawsuit or requests arbitration.
How long does it take to settle a case?
Every case is different, but most personal injury claims resolve within 6 to 18 months. Complex injuries, disputed liability, or uncooperative insurers can extend that timeline.
Will I have to go to court?
Most cases settle without trial. However, if negotiations fail, your attorney may recommend filing a lawsuit. Often, simply filing a case brings insurers back to the table. If court becomes necessary, your lawyer handles preparation and representation.
What’s the difference between arbitration, mediation, and trial?
- Mediation involves a neutral facilitator helping both sides reach an agreement.
- Arbitration is less formal than trial and usually quicker; an arbitrator decides the case outcome.
- Trial is a formal court proceeding with a judge or jury. Many Washington injury cases resolve through arbitration rather than trial.
What if the insurance company denies my claim?
A denial isn’t the end. Insurers often reject claims hoping claimants will give up. Your lawyer can appeal, negotiate, or file a lawsuit to pursue rightful compensation.
Working With a Lawyer
Hiring a personal injury lawyer shouldn’t be intimidating. Here’s what to expect when you work with an attorney, from the first consultation to how fees and updates are handled.
How much does it cost to hire a personal injury lawyer?
Most personal injury lawyers work on a contingency fee basis—meaning you pay nothing upfront. The lawyer’s fee is a percentage of your final settlement or verdict.
What does “no fee unless we win” include?
It means your lawyer only gets paid if they recover money for you. If you don’t win, you owe no attorney fees. Case expenses (like filing or expert fees) are usually reimbursed from the settlement.
What happens during my free consultation?
You’ll discuss how the accident occurred, your injuries, medical care, and available insurance. The attorney evaluates your claim’s strengths and explains your options clearly—no obligation to hire.
What information will my attorney need from me?
Be prepared to share police reports, insurance info, medical records, photos, and any communication from insurers. The more details you provide, the stronger your case.
How often will I receive updates about my case?
Your attorney should keep you informed at every stage—especially after medical updates, negotiation offers, or court filings. Good communication is key to a successful client relationship.
Timeline, Settlements & Appeals
Clients often want to know how long their case will take and what happens after settlement. This section addresses common timing issues, delays, and what to do if complications arise later.
How long after settlement will I receive payment?
After both sides sign the release agreement, insurers usually issue payment within 2–6 weeks. Your lawyer deducts fees and expenses before disbursing your share.
What factors can delay a case?
Common delays include:
- Ongoing medical treatment
- Disputes over fault
- Slow insurer responses
- Backlogs in court or arbitration scheduling Your attorney tracks deadlines and applies pressure where possible.
Can I reopen my case after settling?
Once you accept a settlement and sign a release, your case is closed. Only in rare cases (like fraud or newly discovered evidence) can a settlement be challenged.
What if new injuries appear later?
That’s why attorneys recommend waiting until you reach maximum medical improvement (MMI) before settling. Once you sign, you can’t seek more compensation for later symptoms.
Ready to Take the Next Step?
No two accidents are exactly alike. The best way to understand your legal options is to speak directly with an attorney who handles cases like yours every day. Our Tacoma personal injury lawyers can review your case, explain your options, and handle the insurance process from start to finish.
Schedule your free consultation today and get the answers and the representation you deserve.
EXPERIENCE • PERSONAL SERVICE • PROVEN RESULTS
EXPERIENCE
PERSONAL SERVICE
PROVEN RESULTS
request a free consultation
"*" indicates required fields
705 S 9th Street, Suite 202
Tacoma, WA 98405
253.573.1000