Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney in Washington for guidance tailored to your situation.
Detailed Answer
Under Washington law, you may recover damages for any exacerbation of a pre-existing injury caused by a car accident. Washington follows the “eggshell plaintiff” rule, which holds at-fault drivers responsible for the full extent of a victim’s harm, even if the victim had a prior condition.
1. Establishing Liability
To prove liability, you must show:
- The other driver breached a duty of care (e.g., speeding, running a red light).
- The breach caused your accident and aggravated your pre-existing injury.
- You suffered actual damages (medical bills, lost wages, pain and suffering).
Washington applies comparative negligence under RCW 4.22.015. Even if you share fault, you can still recover, minus your percentage of fault.
2. Statute of Limitations
File your lawsuit within three years of the accident under RCW 4.16.080(2). Missing this deadline generally bars your claim.
3. Documenting Exacerbation
Strong documentation directly supports your claim:
- Medical Records: Obtain hospital and clinic notes that compare your condition before and after the crash.
- Imaging Reports: Include X-rays, MRIs or CT scans showing new or worsened injuries.
- Physician Statements: Ask doctors to provide written opinions linking the accident to your worsened injury.
- Photographs: Take pictures of any visible injury progression (bruising, swelling) and residual impairments.
- Daily Logs: Keep a journal noting pain levels, mobility limits, medications and therapy sessions.
4. Pursuing Compensation
Follow these steps to pursue your claim effectively:
- Send a demand letter to the at-fault driver’s insurer summarizing facts, injuries and a dollar amount for damages.
- Negotiate with the insurer. Provide documented evidence and medical proof of exacerbation.
- If negotiations stall, file a civil complaint in the appropriate Washington Superior Court.
- Engage in discovery to exchange evidence with the opposing party, including depositions and expert testimony.
- Consider settlement or prepare for trial. Washington’s joint-and-several liability rules under RCW 4.22.070 may allow you to recover the full amount from any liable defendant.
Helpful Hints
- Act quickly to preserve evidence: document your injuries and collect witness contact information at the scene.
- Maintain consistency: ensure your medical providers are aware of your entire injury history.
- Consult specialists: if your pre-existing injury involves the spine or nerves, work with neurologists or orthopedists.
- Track all expenses: include therapy costs, medical devices, transportation and lost income.
- Review your insurance policy: uninsured/underinsured coverage can supplement recovery if the at-fault driver lacks sufficient limits.