Detailed Answer
Calculating a fair settlement for soft tissue injuries after a motor vehicle accident in Washington involves several key steps. While every case is unique, the process generally follows four main stages:
1. Quantify Economic (Special) Damages
- Medical Expenses: Gather all past bills and estimates for future treatment (e.g., physical therapy, chiropractic care, diagnostic imaging).
- Lost Income: Document days missed from work using pay stubs, employer statements, or tax records.
2. Estimate Non-Economic (General) Damages
Non-economic damages compensate for pain, suffering, mental anguish and loss of enjoyment of life. Washington imposes no statutory cap on non-economic damages in auto accident claims. A common approach is the multiplier method, where you multiply total special damages by a factor (typically 1.5–5.0) based on injury severity, recovery time and impact on daily life.
3. Adjust for Comparative Fault
Washington follows pure comparative negligence. Under RCW 4.22.070, your recovery is reduced by your percentage of fault. For example, a $20,000 settlement less 20% fault yields $16,000.
4. Factor in Policy Limits and Future Needs
Review the at-fault driver’s insurance policy limits. If medical expenses exceed those limits, you may need to explore your own uninsured/underinsured motorist coverage. Also include projected costs for ongoing care or future complications.
Key Deadlines
Under RCW 4.16.080, you must file a lawsuit within three years of the accident date. Missing this deadline generally bars your claim.
Helpful Hints
- Keep a detailed treatment journal noting pain levels, mobility issues and emotional impact.
- Secure clear medical records and itemized bills from all providers.
- Obtain a professional life-care plan if you anticipate long-term therapy.
- Use independent adjusters or medical consultants to verify treatment necessity.
- Gather witness statements or photographs to support injury severity.
- Consider early mediation or demand letters to encourage settlement negotiations.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.