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Types of Damages Available in Personal Injury Cases

The available damages in a Seattle personal injury case include financial losses, emotional distress, and much more. Washington personal injury laws provide compensatory damages for the losses and harm caused by another party’s negligence, intentional torts, or other wrongful acts.

What Types of Damages Can I Receive for a Personal Injury Claim in Seattle, WA?

The types of damages you may receive for your personal injury claim depend on several factors, including the type and severity of your injuries, proof of liability, and your financial losses.  The two primary categories of damages you can get are called economic and non-economic damages.

While each case is based on the specific facts relevant to that case, some of the more specific types of damages available in personal injury cases include:

Medical Bills and Expenses

An accident or personal injury can result in significant medical bills. Examples of medical expenses that you can include in a personal injury claim are:

• Hospital, emergency room, and urgent care costs
• Doctor’s bills
• Diagnostic expenses
• Surgery costs
• Rehabilitative therapies, including physical and occupational therapy
• In-home and/or long-term nursing care
• Medications and medical supplies
• Mobility devices

It is crucial that you seek immediate medical treatment after an injury or accident. Delays in medical care could make it more difficult to receive damages from the person who caused your injuries.

Lost Wages and Benefits

Another common damage in personal injury cases is the loss of income. Lost income includes:

• Wages
• Salaries
• Tips
• Commissions
• Part-time income
• Bonuses
• Gig work
• Independent contractor work

In addition to lost wages, you could also receive compensation for the loss of retirement contributions, paid time off, and other company perks. If your injuries result in a permanent impairment, you may also receive future lost wages if you cannot work.

If you work but the impairment you’ve suffered reduces your income, you can claim damages for diminished or lost earning capacity.

Pain and Suffering

Physical injuries can cause intense pain and discomfort. Your pain and suffering compensation depends on the type and extent of your injuries. It also depends on the type of medical treatment you must endure to treat your injuries.

In addition to physical pain, being in an accident and sustaining injuries cause emotional distress and mental anguish. Examples of the impact physical injuries can cause include:

• Depression
• Anxiety
• PTSD (Post Traumatic Stress Disorder)
• Violent mood swings
• Thoughts and/or attempts of self-harm
• Chronic psychological disorders and/or mental illness

Pain and suffering also include the harm and loss caused by permanent impairments, disabilities, scarring, and disfigurement. Generally, as the severity of the injury increases, pain and suffering worsen. However, minor injuries can still result in significant pain and suffering damages.

Replacement Services and Personal Care

An injury or accident could impact your ability to perform household services, care for your children, or take care of the activities of daily living. If so, you may need to hire someone to perform these services. These expenses can be included in your personal injury claim.

Loss of Consortium

Your family members may also have a claim for damages. Loss of consortium occurs when a loved one’s injuries result in the loss of:

• Comfort
• Affection
• Companionship
• Ability to bear children
• Sexual relations
• Guidance and support

A loss of consortium claim is made by family members for the stress, mental anguish, and losses of family services caused by their loved one’s injuries.

Diminished Quality of Life

An injury may have life-altering consequences, which could be permanent in some cases. The loss of quality of life represents how your injuries have impacted your overall well-being and enjoyment of life. It covers the changes to your lifestyle you experience and the limitations caused by your injuries.

The Effect of Contributory Fault on Damages Claims in Washington State

In a handful of states, contributory fault prohibits a victim from recovering any money for their damages. Contributory fault occurs when the victim “contributes” to the cause of their injuries. For example, an accident victim was speeding at the time of a car crash, thereby contributing to the cause of the collision.

Washington’s contributory fault statute does not bar you from recovering damages if you are partially to blame for causing your injuries. Instead, contributory fault reduces your compensation proportionately based on your level of blame.

For example, suppose a jury awards you $1 million for a car accident. However, the jurors determined you were partially to blame for causing the accident. They assign you 50% of the fault for the crash.

In that case, the judge would reduce your damages by 50% or $500,000. Instead of receiving the total damages award of $1 million, you would receive $500,000.

Tips for Improving Your Chance of Receiving a Fair Settlement for Your Personal Injury Claim in Seattle, WA

What you do after an accident or injury can improve or hurt your chances of receiving a fair amount of damages. If you have never been involved in an accident or injured by another party, you might not know what you should and should not do after an accident. That is where a personal injury attorney in Seattle can help.

Steps you can take to protect your legal rights include:

• Do not admit fault for causing the accident or your injuries. That includes avoiding statements like “I’m sorry” and other comments that imply you could be to blame.
• Document the accident scene if you can do so without risking harm to yourself or others. Make a video of the scene and take photographs.
• Ask eyewitnesses for their contact information. Your attorney will want to interview them as soon as possible while the information is fresh in their minds.
• Seek immediate medical treatment for injuries. Follow your doctor’s treatment plan.
• Document your recovery in a pain and suffering journal to help prove non-economic damages.
• Keep track of your out-of-pocket expenses. These expenses are included in your economic damages.
• Avoid talking with insurance adjusters and claims representatives without legal advice. Do not agree to provide a written or recorded statement or speak to an adjuster on a recorded line.

Hiring an experienced Seattle personal injury lawyer as soon as possible increases your chance of receiving a fair settlement. An attorney can investigate your claim to gather evidence proving fault and liability.

They deal with the insurance company for you and determine how much your personal injury case is worth for settlement negotiations. Your attorney monitors the Washington statute of limitations and files a personal injury lawsuit if necessary.

Contact Our Seattle Personal Injury Lawyer for More Information

At Davis Law Group Car Accident and Personal Injury Lawyers, P.S. our legal team will work closely with you, your physicians, and experts to determine the extent and the value of your damages. Our team of the best car accident lawyers in Seattle, WA is dedicated to fighting for the compensation you deserve. Let us handle the legal process while you focus on recovery.. Contact us at 206 727 4000 today for a free consultation with an experienced Seattle personal injury attorney.