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Personal Injury FAQs

Personal Injury FAQ Index

Understanding Your Case

Most personal injury claims are resolved through settlements. After you complete treatment or reach maximum recovery, your attorney calculates your total damages (medical costs, lost income, pain and suffering). A demand letter is sent to the insurance company. Negotiations follow. If the insurer makes a fair offer, you can accept and avoid court. If not, your lawyer may file a lawsuit.e

After an injury, your top priorities should be:

  1. Get medical attention — even if symptoms seem minor.

  2. Document the scene — photos, witness names, and a written record of what happened.

  3. Avoid giving statements to insurance companies until you’ve spoken to a lawyer.

  4. Save all paperwork — medical bills, police reports, and emails related to the incident.

Time matters. The earlier you involve a personal injury attorney, the better your chances of preserving key evidence.

Seek immediate medical attention, even if symptoms seem mild. Head injuries like concussions, traumatic brain injuries (TBI), or internal bleeding may not show signs right away. Document your symptoms, follow all medical advice, and contact an attorney. Head injuries often lead to long-term effects and deserve serious legal consideration.

This is common. Injuries such as whiplash, soft tissue damage, or head trauma may have delayed symptoms. If pain arises days later:

  • See a doctor immediately

  • Explain the cause and timeline

  • Document everything

Delayed symptoms do not invalidate a personal injury claim, but quick action helps prove the connection to the incident.

Yes. If you were hurt due to a dangerous or poorly maintained condition—such as a wet floor, broken stairs, or inadequate lighting—you may have a premises liability claim. Property owners have a legal duty to keep their space safe for visitors.

Yes. Washington is a comparative fault state, which means you can still recover compensation even if you were partially at fault. However, your total compensation will be reduced by your percentage of fault.

For example, if you were 20% responsible and the total damages were $100,000, you could recover $80,000.

Fault is established through a combination of:

  • Police or incident reports

  • Eyewitness accounts

  • Expert testimony (e.g. accident reconstructionists)

  • Surveillance footage

  • Medical records

  • Statements from the parties involved

Your attorney will gather this evidence to build a clear picture of how negligence occurred and who is liable.

Pain and suffering are non-economic damages, but they can still be proven through:

  • Medical records showing severity and duration of injuries

  • Testimony from doctors and mental health professionals

  • Personal journals or statements describing your daily impact

  • Testimony from family/friends on how your life has changed

These damages reflect emotional trauma, physical discomfort, anxiety, depression, and loss of enjoyment of life.

Yes, often. Insurance companies are profit-driven and may:

  • Blame you for the accident

  • Downplay the severity of your injuries

  • Offer lowball settlements

  • Use your statements against you

Having legal representation ensures you don’t get taken advantage of during the claims process.

You may still have options, such as:

  • Filing an uninsured motorist claim (for car crashes, if you have that coverage)

  • Suing the at-fault party personally (though collecting may be difficult)

  • Exploring third-party liability — like an employer or property owner

Your attorney can help identify alternate paths to compensation.

Yes, but medical documentation is critical. If you didn’t go to the hospital right away, visit a doctor or clinic as soon as possible. Insurance companies may question the legitimacy of injuries without medical proof.

It’s difficult, but sometimes possible. Most personal injury claims require some physical harm. However, in rare cases—such as witnessing a traumatic event or being the victim of intentional emotional abuse—you may be able to file a claim for intentional or negligent infliction of emotional distress.

Compensation & Timelines

Once you’ve completed treatment or reached maximum improvement, your attorney will:

  1. Calculate all damages

  2. Send a demand letter to the at-fault party’s insurer

  3. Negotiate a settlement

If a fair amount is agreed upon, the case is resolved. If not, a lawsuit may be filed. Most cases settle without going to trial.

You may be entitled to:

  • Medical expenses (past & future)

  • Lost wages

  • Loss of future earning capacity

  • Pain and suffering

  • Emotional distress

  • Property damage

  • Loss of enjoyment of life

  • Loss of consortium (for spouses)

The value of a case depends on:

  • Medical expenses (past & future)

  • Lost wages or reduced earning capacity

  • Pain and suffering

  • Emotional distress

  • Long-term disability or disfigurement

  • Loss of enjoyment of life

We’ll calculate your total damages and fight for maximum compensation, not a fast lowball settlement.

  • Simple cases: a few months

  • Moderate cases: 6–12 months

  • Serious or disputed cases: 1–2+ years

Settlement depends on healing time, insurance negotiations, and whether the case goes to court. We keep you informed every step of the way.

Yes. If you need ongoing care, we can help you connect with physicians, physical therapists, and other trusted providers— even if you don’t have health insurance. Ensuring you get proper treatment is a priority in both your recovery and your case.

There are options:

  • Some providers may treat you on a lien (they’re paid after settlement)

  • You may qualify for Medicaid, charity care, or legal funding assistance

  • Your attorney can help delay collections and negotiate bills

Never skip treatment because of cost, it can hurt both your recovery and your case.

Rejecting an offer keeps negotiations open. Your lawyer may push for a higher amount, or prepare for trial. Insurers may return with a better offer. However, if no agreement is reached, the case moves to court.

Rejecting a lowball offer may lead to:

  • Continued negotiation

  • Filing a lawsuit

  • Mediation or trial

Your lawyer will guide you on whether to settle or proceed and always work in your best interest.

Yes. We can communicate with providers and creditors to explain your pending claim and request a hold on collections. In many cases, we can also negotiate down medical bills after your case is resolved.

Legal Process in Washington

  1. Investigation & demand

  2. Negotiation with insurer

  3. Filing the lawsuit

  4. Discovery phase

  5. Mediation or arbitration

  6. Trial (if needed)

Many cases settle before trial, but your lawyer will prepare for every outcome.

A claim is made directly to the insurance company and usually handled outside of court. A lawsuit is a formal legal action filed in court.

  • Most cases start as claims

  • If the insurer won’t offer a fair settlement, your attorney may file a lawsuit

  • Lawsuits involve discovery, depositions, and possibly a trial

If your case progresses beyond settlement, yes. Depositions involve giving sworn testimony. Mediation is a non-binding negotiation with a neutral third party. Your attorney prepares you and attends every step with you.

This complicates things but doesn’t always block compensation. Your attorney will assess:

  • Whether insurance still covers damages

  • If your claim qualifies as a non-dischargeable debt

  • If a third party can be held liable

Claims against a city, county, or state agency (like a fall on a sidewalk or school negligence) require a tort claim notice, usually filed within 90 or 180 days, depending on the entity. Consult a lawyer quickly—government claims have much shorter deadlines.

Yes. Washington requires you to file a formal notice of claim and wait a mandatory 60 days before filing suit against most public agencies. Missing this step can get your case dismissed.

No. Washington does not cap non-economic damages in most personal injury or wrongful death cases, unlike some states. You may recover full compensation for pain and suffering, lost quality of life, and emotional distress.

 

Washington is an at-fault state, meaning the party who caused the accident is financially responsible. You can file a claim with their insurer, your own insurer (for PIP), or file a lawsuit. This structure favors injured parties with strong legal representation.

You have 3 years from the date of the negligent act or 1 year from the date the injury was discovered (or reasonably should have been discovered), whichever is later. However, no claim may be filed more than 8 years after the alleged medical malpractice. There are exceptions for minors and cases involving fraud or concealment.

No. Once a settlement agreement is signed and funds are accepted, your case is closed permanently—even if new symptoms appear. That’s why you should never settle too quickly or without legal guidance.

Working With an Attorney

No, not before consulting a lawyer. Adjusters are trained to protect the insurer, not you. They may try to get you to admit fault or accept a low payout. Let your attorney handle all communications.

You should speak with an attorney as soon as possible. Early involvement allows your legal team to:

  • Preserve time-sensitive evidence

  • Prevent damaging statements to insurers

  • Accurately calculate your losses

  • Handle deadlines and protect your rights

Waiting can hurt your case and weaken your negotiating position.

Yes. You have the right to change attorneys at any point in your case. Your new lawyer can coordinate the transition and handle communication with the former firm. You won’t have to pay double, the attorneys will split the fee when the case resolves.

No. In Washington, your immigration status does not affect your right to file a personal injury claim or recover compensation. You do not need to be a U.S. citizen or have legal status to pursue justice if you were injured by someone else’s negligence.

Bring anything that helps tell the story of your injury, including:

  • Medical records or discharge summaries

  • Photos of injuries or the accident scene

  • Police or incident reports

  • Insurance letters or claim numbers

  • A list of witnesses or involved parties

  • Questions you want answered

Don’t worry if you don’t have everything. We’ll help you gather what’s needed.

Yes. If you need ongoing care, we can help you connect with physicians, physical therapists, and other trusted providers— even if you don’t have health insurance. Ensuring you get proper treatment is a priority in both your recovery and your case.

Why Choose Campiche Andrews Personal Injury Attorneys

We’re not a volume firm. We focus on high impact cases, delivering personal service and trial tested results. Our attorneys have recovered millions for clients and are known for courtroom excellence, deep compassion, and relentless advocacy.

  • Decades of courtroom success

  • Record setting verdicts and settlements

  • Compassionate, hands on service

  • Trusted by union members, dockworkers, and families across Washington

Yes. We’ve handled thousands of personal injury cases, including car crashes, medical negligence, wrongful death, maritime injuries, and nursing home abuse. We understand the nuances of Washington law and bring proven strategies to every case.

At Campiche Andrews, you will always have access to your lead attorney, not just a case manager. We provide one on one service, frequent communication, and clear answers at every step. You’re never just a file on a desk here.

We’ll listen to your story, review the facts, and evaluate the strength of your case. You’ll get clear answers about your rights, next steps, and what your case may be worth. Get a case review today: it’s free, confidential, and no pressure. 

Still Have Questions?

Campiche Andrews PLLC is here for you. We proudly serve clients in Seattle, Tacoma, Shelton, and throughout Washington State. Whether you’ve been injured in a crash, harmed by a doctor, or lost someone to negligence, we’re ready to fight for you.

Call now or contact us online to get started.