Car accidents are responsible for millions of injuries every year, ranging from minor cuts and bruises to life-altering conditions. According to NSC.org, in 2022 alone, 5.2 million people sought medical attention for injuries they sustained in motor-vehicle incidents.
Whether it’s a minor or major collision, the physical and emotional impact of an accident can be significant. Understanding the types of injuries that commonly result from car crashes, and knowing what steps to take afterward, can make a critical difference in your recovery and your ability to pursue the compensation you deserve.
If you or a loved one has been injured in a car accident and are unsure of what to do next, consulting a personal injury attorney can help you understand your legal rights and guide you through the claims process.
What Happens When Someone Claims Injury in a Car Accident?
When someone is injured in a car accident, there are several steps that should be taken:
1. Seek immediate medical attention
After an accident, the first priority is always medical care. Even if injuries don’t appear severe, it’s essential to seek a medical evaluation promptly. Some injuries, like whiplash or internal damage, may not show immediate symptoms but can worsen if left untreated. Timely medical attention also helps create a record of injuries that can be used later when filing a claim.
2. Contact your insurance provider
In most cases, people are legally required to report the car accident to their car insurance provider and it should be done as soon as possible after the accident. It is okay to answer questions but do not admit fault. You may wish to open a Personal Injury Protection (PIP) claim at this time to make it easier to pay for medical care related to your accident. Your insurance company will open a claim, which will detail the accident, the injuries sustained, and the associated costs, such as medical bills and lost wages. The insurance company will begin an investigation, which includes reviewing the accident report, assessing medical records, and speaking with witnesses, if necessary. They will also reach out to the at-fault insurance provider in an attempt to get compensation for your medical expenses.
Note: A representative from the at-fault insurance provider will typically reach out to you after the accident. You are under no obligation to speak with them and you should not do so until you have spoken to a personal injury attorney.
3. Determining fault
Fault plays a central role in car accident claims. The insurance companies involved will assess who was responsible for the accident. This process includes examining the evidence, reviewing the police report, and sometimes conducting an independent investigation. In cases where fault isn’t clear, the claim may take longer to resolve.
If the case goes to court, a judge or jury will determine who was at fault based on the evidence presented. Washington State operates under comparative fault rules, which means that even if the injured party is partially at fault, they may still recover damages, but their compensation will be reduced by their percentage of fault.
4. Negotiating a settlement
In many cases, the at-fault insurance company will offer a settlement after assessing the claim – well before you have completed medical treatment and have a clear understanding of the pain and suffering you will endure. In theory, a settlement is meant to cover medical expenses, lost wages, and other damages, however, it’s common for initial settlement offers to be lower than expected and not cover all the damages. This is why many injured parties choose to work with a personal injury attorney. The attorney can negotiate with the insurance company to ensure that a fair settlement is reached that fully compensates the injured person for their losses.
5. Lawsuit and trial
If negotiations with the insurance company fail, the injured party may choose to file a lawsuit with the help of their injury lawyer. During the lawsuit, both sides will gather and exchange evidence through a process called discovery. If the case doesn’t settle before trial, a judge or jury will decide the outcome, determining fault and awarding damages.
6. Receiving compensation
If the claim is successful, the injured person will receive compensation to cover their medical expenses, lost income, property damage, pain and suffering, and any other relevant damages. The timing of payment can vary depending on whether the case was settled out of court or went to trial, but once an agreement or verdict is reached, payment is generally issued within a few weeks to a few months.
Contact a Car Accident Personal Injury Attorney
A car accident lawyer can help you recover a full and fair settlement for the injuries you sustained in a car accident with no up-front costs to you. We know the sneaky strategies used by insurance companies to get injured people to agree to settlements far below what they are worth. Our clients typically end up with a settlement or jury award that is five to ten times larger than they could have negotiated on their own. We have been representing people injured in Whatcom County, Skagit County, Island County and Snohomish County since 1979. Contact the experienced and hard-working personal injury lawyers at Tario & Associates, P.S. in Mount Vernon, WA today for a FREE consultation!
