Personal Injury Law In Washington State

by garyhall434 on August 2, 2012

According to law, personal injury is mainly considered a hurt caused to an individual due to the negligent action/s of another person/s. The hurt can be physical or mental, and can be caused by almost anything; however, the law can provide compensation to the injured party, only when the negligent behavior of another entity or person is established. Although this is the common denominator in personal injury cases, the exact interpretation of the law might vary slightly between states.

In Washington State, the law follows an approach of comparative negligence, where responsibility is determined proportionately between the two parties. This means if the injured was also careless to a degree, which contributed to the injury, then the amount of compensation will be reduced proportionately to the extent of such carelessness. This comparative approach is also used for recovering proportionate damages, where more than one party is involved in causing the injury.

Many personal injury cases are to do with auto accidents, and when you are injured in such a mishap, you should know the correct steps that are to be taken to make a strong case. If you suffer injuries due to collision in Washington State, then you must file a collision report with Washington DOT (Department of Transportation), if law enforcement agencies have not done so. All investigations regarding personal injury that are due to collisions are handled by DOT.

When the police have failed to conduct any collision investigation, this report will be the only record of the incident. Collision report is available at the licensing office, DOT office or from the police. This report will include information about the date of collision, the number of people and vehicles involved in the accident, whether the vehicles involved were stationary or moving, and if there were any fatalities or injuries. This report simply records the fact that your were involved in an accident, and does not indicate who was at fault. This could include a bike accident as well where a Spokane Bicycle Accident lawyer would be very beneficial.

When personal injury is involved, Washington DOT will review the situation and find out if any driver/s involved was uninsured. The judgment usually goes against the driver who is uninsured, even when the negligence is established on the other party. That is why it is very important to carry the minimum auto insurance required by the State.

When taking auto insurance in Washington State it is also advisable to take the PIP (Personal Injury Protection) coverage. This coverage will provide immediate necessary care to the insured, irrespective of who was at fault or negligent in the accident. The PIP coverage is necessary, as the compensation provided by law usually takes time, particularly when the payment has to come from the negligent person’s insurance company.

The law regarding personal injury has many aspects, and the case can become quite complex. It is usually better to hire a competent personal injury lawyer, who is an expert at dealing with all aspects of this law. However, make sure you have taken the necessary steps in filing the collision report in case you are involved in an auto accident. Contact the Fannin Litigation Group if you have any questions or concerns.  They exist to help you.




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