Auburn Semi-Truck Accidents

Navigating the personal injury claims process can be overwhelming. Here are a few of the most frequently asked questions about how personal injury cases typically unfold:

How long before you must decide whether to hire a lawyer?

In the state of Washington, the statute of limitations on a negligence claim is generally 3 years, with some minor exceptions. If you feel you need legal representation, we recommend securing an attorney as early as possible, since it can often be difficult to find representation when nearing the expiration of the statute of limitations.

What happens if you retain an attorney?

When retaining an attorney, you leave most of the work to your attorney and their team. We will first notify all involved parties (insurance carriers, medical providers, etc.) that we are representing you. We will make sure all your bills will be taken care of. Once your treatment is complete, we will begin working to get you a fair, reasonable bodily injury settlement. We take care of your case so you can concentrate on getting better!

Do you have to sue?

At The Advocates, we do our best to settle your accident claim fairly and equitably before resorting to filing a lawsuit. However, we will always do what’s best for you, to be sure you’re appropriately compensated for your injuries. This may include filing a suit or litigating your case if the insurance company refuses to agree to a fair offer.

Will you have to go to trial?

Some cases do go as far as a trial, but not without exhaustive efforts by our firm to settle your case first. Your legal team will be in full communication with you through every step of your case. We will discuss your options with you as the case proceeds. In many instances, pushing for a trial when it’s in your best interest will lead to a higher settlement offer before the trial even starts.

Although it’s a last resort, going to trial is one of the best tools available when the insurance company refuses to do what’s right.

How long is the process going to take?

While you are still being treated, we usually don’t move your case toward the settlement process. This is to ensure your request for compensation includes all relevant medical treatments and that no additional or unexpected bills will arise after closing out your injury claim. Once your treatment is complete, we can then start moving your case forward.

Once care is complete, we begin gathering information such as medical bills and medical records, which can take around 8-12 weeks. Once the information is forwarded to the insurance company for settlement purposes, your case may be completed in 60-90 days. However, it can take much longer if litigation is needed.

Your attorney will be in direct contact with you throughout the settlement process to discuss offers and recommendations.

What if you need money now?

We know sustaining injuries in an accident can come with considerable financial ramifications. If you need money urgently before your claim is settled, there are legal loans that can be taken against your future settlement. However, these loans typically come with significant penalties and high interest rates, so we tend to discourage our clients from taking them. Because everyone’s circumstances are unique, we are happy to discuss your options with you should the need arise.

Questions about an injury? Call for a free consultation!

No one plans to be in a car crash, but when an unexpected collision occurs, it can be difficult to remember exactly what to do after an accident.

With statistics showing that the average driver will be involved in an accident once every 17 years, the reality is it’s often a matter of time before you’re forced to navigate the high-stress aftermath of an auto accident.

Fortunately, there are a number ways to be prepared if you find yourself injured in an auto accident. Below is a list of frequently asked questions all drivers should know:

What Do I Do Immediately After an Accident?

For starters, take a deep breath and try to calm down. It’s always best to be thinking clearly when dealing with any sort of emergency. This is especially true if you or someone else requires immediate medical care.

Next, call the police. You should consider calling the police even if the accident was little more than a minor fender-bender and the other driver has admitted fault. An official police report is the best way to establish who is to blame for the crash. If you don’t file a police report there’s nothing stopping the other driver from simply blaming you.

One last thing to keep in mind is to remain vigilant as you walk around assessing the damage to your vehicle. Other drivers may not see you and some might be rubbernecking instead of paying attention to the road. This all adds up to a dangerous and unsafe situation. Stories of drivers being hit by an un-involved driver are far too common, so be sure to pay as much attention as possible.

How Should I Gather Evidence of a Crash?

One benefit of smartphones is that most everyone has a high-definition camera in their back pocket. Take as many photos of the accident as possible. It’s always better to have too much evidence than not enough. You should also feel free to take a photo of the other driver’s license, license plate, and insurance policy. If they refuse to show either to you just take a photo of them and make sure you write down their name.

Another way to gather evidence is to write down a brief journal entry of everything that happened. Describe the events of the accident as closely as possible and maybe even show it to the at-scene police officer. You should also jot down the names and contact information of any witnesses to the accident.

In the days following the crash, be sure to keep track of any and all medical procedures you undergo. Pay special attention to the providers you see as well as the dates of your appointments. Nobody wants a long forgotten bill popping up in collections months after a settlement has already been agreed upon.

Should I Admit Fault If I Think I Caused the Crash?

In short, no. Even if you believe the crash was entirely your fault you should never say so. Leave that determination for the police officer to make in their report. Prematurely admitting guilt could tank any chance you have of making a personal injury claim in the future.

You should also avoid commenting on your physical state. Try not to say, “I feel alright,” or “I am not injured.” Some injuries such as whiplash might not fully manifest for days or even weeks following a crash. It’s best to instead say, “I do not need medical attention at the moment.”

Never doubt that insurance adjusters will do anything possible to deny a personal injury claim. They will not hesitate to bend your words out of context in order to save their company a few dollars.

What Type of Insurance Coverage Should I Have?

First and foremost, you should add Personal Injury Protection (PIP) to your insurance plan. Some states require insurers to include PIP with all auto insurance policies they offer. Others simply require them to offer it to those they insure. This means you could very well have PIP and not even know it.

PIP is a great addition to your insurance policy because it will allow you to cover medical expenses after a crash and it can even replace lost income in some instances. If you don’t have PIP, or don’t know if you do, call your insurance representative and make sure it’s part of your policy.

Another item it would be wise to have is Uninsured or Underinsured Motorist Coverage (UM/UIM). This helps protect you in the event you’re injured by a driver without insurance or by someone lacking adequate coverage to compensate for your medical bills or losses.

Should I Accept the Settlement Offered by the Insurance Company?

Frequently, the first settlement offer an insurance company makes is lower than they’re willing to go. Remember that despite their wholesome and friendly commercials, insurance companies are in business to make money. One way they do this is by minimizing the amount of money they pay in settlements.

It may be tempting to accept a settlement from an insurance company simply to be done with your claim, but you should probably turn it down. Once you accept a settlement you forfeit your right to pursue further damages from your accident. Settling an accident claim prematurely can have serious repercussions later if injuries flare up again and you’re stuck paying medical bills out-of-pocket for the required treatment.

If an insurance company tries to wave some money in your direction, it would be wise to once again take a deep breath and think through the consequences of accepting such an offer. Or, if in doubt, get a second opinion prior to accepting a settlement.

Should I Hire an Attorney?

Not everyone will benefit from hiring an attorney. However, anyone that has been in an accident involving injuries of any kind would be wise to at least obtain a free consultation before moving forward with their claim.

Personal injury attorneys, like the ones at The Advocates, have decades of experience settling claims and helping victims get back on the road to recovery. In most instances, one initial conversation is enough to determine whether you’d be able to increase your total settlement by enlisting a lawyer to fight on your behalf. Since all reputable personal injury firms operate on a contingency model (no fees until you win) there’s no downside to enlisting an experienced PI lawyer to negotiate on your behalf.

For straightforward claims where our attorneys are unable to add value, we’ll encourage people to either accept the insurance company’s offer or pursue the claim on their own. However, for more complex claims involving injuries, ongoing medical treatment, or contested liability, studies have shown that people who hire a personal injury lawyer typically receive settlements that are 3.5 times higher than those who handle the claim on their own.

Although not everyone will benefit from hiring a lawyer, as long as you speak with an experienced attorney prior to moving forward with your claim you’ll be able to make the best decision for your specific circumstances.

If you’ve been injured in a car accident, call now to get a free consultation.

When seeking assistance with handling your injury claim, there are several commonly asked questions about hiring a personal injury lawyer. Here’s a brief rundown of what it is likely to cost, whether you should hire an attorney, and what separates a skilled personal injury lawyer from the rest of the field:

Do you have to pay anything out of pocket?

We do everything we can to help you avoid paying out of pocket. We will check for any medical coverage (i.e., PIP and MedPay) available on either your own policy or the other party’s insurance. If that is not an option, or becomes exhausted, we will move to your personal health insurance. If copays and deductibles become an issue, we will work with your medical providers directly to do everything we can to get those balances held until settlement. If there is no medical coverage and no health insurance, we will find providers who will treat you on a lien and hold all costs until settlement.

While we can’t guarantee that there will be zero out-of-pocket expenses, we will do everything we can to find a solution.

How much will it cost to hire a lawyer?

There is almost never any up-front cost to hire a personal injury lawyer. We don’t get paid unless you get paid. When we recover a settlement for you, we retain 1/3 of the total amount as our fee. If we have to file suit, the fee goes up to 40%.

In almost all instances, we only retain clients when we believe we’ll be able to add value to their injury claim. If it’s a straightforward matter and injuries are minor or nonexistent, we’ll typically suggest that you try to work with the insurance company directly. For more complex matters, injured parties tend to receive 350% more in total compensation when represented by an attorney than when handling their claim independently.

Since consultations are always free, it’s beneficial to talk with an attorney as early as possible to determine the best course of action for your circumstances.

What should you look for when hiring a personal injury attorney?

When looking for a personal injury attorney, you should look for someone with a history of success, a team well-versed in how the claims process works, and a serious litigation team that’s willing to push the insurance company when necessary.

By selecting a firm that’s not afraid to litigate, you guarantee the insurance company takes you seriously from the start. This increases your chances of obtaining a favorable result early in the process.

Are there instances where hiring a lawyer is a bad idea?

In situations where there are little to no injuries, it may be beneficial to handle your claim on your own. Similarly, property damage claims tend to be relatively straightforward, and attorneys are frequently unable to add sufficient value to your claim.

Fortunately, consultations are always free, and you can speak with an Advocate to determine whether hiring an attorney is likely to increase your total settlement.

What will my attorney expect from me during the process?

During this process, your attorney will expect you to follow your doctor’s treatment recommendations, be honest about your injuries, and be open to the advice and suggestions your attorney gives you. We’re on the same team and your best interests are always our number one priority.

Questions about an injury? Call for a free consultation!

With any significant injury there are likely to be medical bills. Having a firm capable of guiding you through the billing process can go a long way in alleviating stress and allowing for a faster recovery. Here are the most commonly asked questions relating to personal injury billing:

How does the billing process work?

There are four things we look for when it comes to handling your medical bills. The first thing we will check is whether you carry Personal Injury Protection (PIP) on your auto insurance. If you have PIP, then it will start paying your medical bills as you incur them.

If you do not have PIP, we can bill to your health insurance, but you might be on the hook for your deductible or copays.

If you do not have PIP or health insurance, you can always pay out of pocket.

Lastly, for those who can’t afford to pay out of pocket, we are sometimes able to get providers to put bills on hold and delay payment until the end of your case.

Once you’ve retained an attorney, your team will assist with billing and advise you on your best options for taking care of your bills.

What if you can’t afford treatment?

As treatment is very important for your recovery after an accident, some medical providers may offer to treat you on a lien. A lien is an agreement between you and your medical provider that allows you to delay payment until your case is settled.

Not all medical providers will provide this service, so be sure to consult with your attorney first.

Questions about an injury? Call for a free consultation!

With any significant injury, obtaining appropriate treatment is of the utmost importance. Here are two of the most common questions regarding treatment following an accident:

Where should you get treatment while your claim is being handled?

Where you should seek treatment depends on your specific injuries. Our team can help you figure out the best medical providers in your area for the injuries you are dealing with.

Should you settle an injury claim while still undergoing treatment?

We generally recommend that you wait until you are released from care before settling your claim. Although there are many reasons you may want to settle early, it’s typically better to hold off until treatment is complete. By waiting to finish treatment, you can be sure you’re not going to incur additional expenses related to your injury. This ensures your final settlement reflects all costs associated with your accident.

Questions about an injury? Call for a free consultation!

Dealing with an insurance company, or multiple insurance companies, can be intimidating and confusing. Here are some of the most frequently asked questions about insurance coverage and how it relates to a personal injury claim:

How will policy limits impact your injury claim?

When you sign up for insurance coverage, there are different limits to choose from. The minimum limit in Washington State for bodily injury liability coverage is $25,000 per person and $50,000 per accident. This means that if you are injured in an accident, your policy limit should allow for at least $25,000 to cover your medical expenses, lost wages, and pain and suffering. Many people have insurance policies with limits above the state minimum.

Because limits vary between policies, your attorney will advise you on the specific coverages available and alert you of any concerns regarding the adequacy of the available policy limits.

How do insurance companies address the pain and suffering associated with your accident?

Pain and suffering will be documented throughout your case, and again when we get ready to close your case. Our team will work with you to tell your story to the insurance company. This will give them a full understanding of how your accident has affected your day-to-day life and allow them to provide the appropriate total compensation for your injuries.

Items that might be included in pain and suffering include overall inconvenience, inability to perform specific activities, and ongoing impact to your daily life.

Is your insurance involved even when you’re not at fault?

Even if you’re not at fault for the accident, you will always want to open a claim with your insurance company. There may be benefits on your policy that you can use for your claim. If you do not have benefits on your policy, it’s still good to open a claim so your insurance company is aware of the accident. They will eventually be made aware one way or another, so it’s best to be proactive by opening the claim yourself.

What happens if you’re partially at fault for the accident?

If you are found partially at fault, you probably still have a claim. Consult with an attorney and they will advise you on how to best proceed depending on the circumstances. Your insurance premium may go up due to your partial responsibility for the accident.

What happens if you’re hit by an uninsured driver?

You may have what is called Uninsured/Underinsured Motorist Coverage on your auto insurance policy. This coverage protects you if you are in an accident with a driver who does not have insurance. You can submit a claim with your own insurance for your injuries. Washington State does not require you to have this coverage and it does cost extra, so check with an attorney to discuss your options.

Will your rates go up following an accident?

Unfortunately, your insurance rates can go up following an accident. In most instances, your provider will not raise your rates. If you feel like your rates have been raised unfairly, we encourage you to get quotes from several other insurance companies to see if you can get a better rate.

What happens if your necessary treatment exceeds the policy limits?

While in the pre settlement stage, we often do not know the policy limits of the other insurance company. The insurance company is not obligated to disclose the policy limits unless there are specific concerns that the coverage might not be adequate. For this reason, we monitor bills and treatment closely to be sure that you are not in the red. If you do end up in this situation there are many ways your attorney can help.

Treatment and medical billing look different for every case, so your attorney will communicate any concerns with you to develop the best plan for your circumstances.

Questions about an injury? Call for a free consultation!