- November 11, 2024
- Car Accident
After a car accident in Washington, you might wonder what type of damages you’re entitled to. Generally, you can receive economic and non-economic damages covering your monetary and non-monetary losses. This blog discusses what both types of damages are available to you. It also addresses how the damages available to you are affected if you contributed to the cause of the accident.
If you or a loved one sustained injuries from an auto accident, our car accident lawyers at Montoya Hinckley can help you identify the damages you’re entitled to and begin the claims process. Contact us at (509) 895-7373 to schedule a free consultation.
Why Choose Our Attorneys at Montoya Hinckley?
At Montoya Hinckley, we have decades of experience representing auto accident victims. We have recovered damages covering monetary and non-monetary losses. Our lawyers know the laws related to auto crash cases and now how the Washington legal system works. We bring this knowledge and experience to every case to help our clients achieve favorable outcomes.
Our attorneys take a personalized approach to every case, ensuring each client gets the attention and resources they deserve. Having our lawyers on your side makes the claims process more manageable. When you hire Montoya Hinckley, we take care of dealing with insurance adjusters and handling your claim so that you can focus on recovering and getting your life back together. We are committed to fighting for our clients’ rights and holding insurance companies and negligent parties accountable.
If you need a reliable law firm in Washington committed to upholding justice, look no further than Montoya Hinckley. We are always available to listen to you, so do not hesitate to contact us for a free case review for your personal injury case.
We will help you determine your case’s worth and ensure your damages are well documented when filing a claim or lawsuit.
What Kind of Damages Can I Get When I Am in an Auto Accident in Washington?
As mentioned, injury victims are entitled to economic and non-economic damages.
Economic Damages
Car accidents have profound financial impacts, especially if you sustained severe injuries and your car was totaled. Under Washington law, economic damages are “objectively verifiable monetary losses.” They are damages that are quantifiable, with a fixed dollar value.
Economic damages include the following:
- Medical expenses (immediate medical care, ongoing treatment, and any future medical bills related to the accident)
- Loss of earnings
- Loss of use of property
- Cost of replacement or repair
- Cost of obtaining substitute domestic services
- Loss of employment
- Loss of business or employment opportunities
If an auto accident leads to the death of the victim, their legal beneficiaries can receive money for burial costs as part of the economic damages. You can prove economic damages using bills, invoices, receipts, pay stubs, insurance statements, and other financial documentation. Also, if you succeed in your claim or lawsuit, you will receive the full extent of the economic damages that you can prove, as there is no cap to the amount of economic damages that you can recover in Washington State.
Non-Economic Damages
Under Washington law, non-economic damages are “subjective, non-monetary losses.” Unlike economic damages, they are not easily quantifiable, can be more difficult to calculate, and have no fixed dollar value. The amount of non-economic damages a person can recover is determined by measuring the impact on the victim’s life.
Non-economic damages can include the following:
- Pain and suffering
- Mental anguish
- Inconvenience
- Emotional distress
- Disability or disfigurement
- Loss of consortium
- Loss of society and companionship
- Loss of enjoyment of life
Proving non-economic damages can be hard. To establish non-economic damages, you often need to present evidence like medical records, expert testimony, and testimony of family members, friends, and others who can explain how the accident injury has impacted your life.
At Montoya Hinckley, we are experienced negotiators and will strive to get you the most possible economic and non-economic damages.
What about punitive damages?
Auto accident victims in Washington cannot receive punitive damages. Punitive damages are awarded to punish the person who caused the accident and deter similar future conduct. However, no state statute permits punitive damages for personal injury cases, so you cannot ask the court for them in Washington. You can only receive economic and non-economic damages.
What Happens if I Am Partly Responsible for My Auto Accident? Will It Affect My Damages?
Washington is one of the few states with a pure comparative negligence statutory scheme. This means when you file a lawsuit for damages resulting from an accident, the court will consider your actions or inactions that might have contributed to the accident, but contributing to the crash does not bar you from recovering damages. Even if you are 99% at fault, you can still receive compensation. This differs from the contributory negligence rule, where a person cannot recover damages if they are as little as 1% at fault for the collision. Under pure comparative negligence, the amount of damages that you are awarded will be reduced by your fault percentage.
For example, if a jury determines that you suffered $100,000 in economic and non-economic damages in an accident where you were 20% at fault, you would be entitled to recover only $80,000.
It is vital to consult our car accident attorneys before commencing a personal injury case after an auto accident. The lawyers at Montoya Hinckley will examine the case facts regarding liability to help you determine if you may be partially at fault for the accident. Knowing whether you may be held partially at fault will better inform you about what to expect when seeking damages.
Were You Injured in an Auto Accident? We Can Help!
If you want a favorable outcome after an auto accident, it is crucial to have an experienced legal team representing you. The attorneys at Montoya Hinckley have a successful track record in personal injury cases. They work hard so their clients can achieve the best possible outcomes. When you hire Montoya Hinckley, you get to work directly with lawyers who handle your case, deal with insurance adjusters, and negotiate settlements on your behalf while you focus on your recovery. If you are unwilling to settle for what the insurance company offers, Montoya Hinckley will file a lawsuit a fight for the compensation you deserve.
Our initial consultations are free for personal injury cases, so call us at (509) 895-7373 to book a free case evaluation.
Attorney Kevan Montoya
For over thirty years, Mr. Montoya has successfully represented clients in litigation involving multi-million dollar cases involving wrongful death, employment and business and commercial disputes. He regularly counsels businesses in Yakima and Central Washington on employment policies and helps businesses train employees regarding employment law compliance. He regularly speaks on employment issues. [ Attorney Bio ]
Attorney Tyler Hinckley
Tyler Hinckley represents individuals and businesses in state and federal court in litigation involving personal injury, property damage, employment claims, and business and commercial disputes. He represents individuals and businesses in a variety of employment cases, including wrongful termination, wage and hour, employment discrimination, and retaliation. Additionally, he represents individuals in residential construction defect and construction contract disputes, easement and boundary line disputes, and in cases involving damage to real property. Tyler also represents clients in administrative proceedings before state administrative agencies. [ Attorney Bio ]
