Injury Accident Damages — Medical Injuries, Income, Pain & Suffering

In Washington State, individuals injured in accidents may be entitled to various types of damages to compensate for their losses. These damages are generally categorized as economic damages and non-economic damages. There are many subsets of damages within each category that depend on the facts of the case and injuries. 

These are quantifiable losses resulting directly from the injury, including medical expenses, lost wages, loss of earning capacity, and property damage. Medical expenses will include costs for hospital visits, surgeries, doctor visits, physical therapy, medications and even travel expenses to the appointments. Additionally, depending on the severity of the injury, medical expenses may also include future care that is needed.

Proving lost wages and diminished earning capacity involves evaluating how the injury impacts the plaintiff’s ability to work now and in the future. Attorneys collaborate with experts to calculate these losses accurately. Additionally, attorneys work with employers to gather pay stubs, tax records, and employment verification to calculate past and future income loss. In cases where the plaintiff cannot return to work, these insights help determine the long-term financial impact of the injury.

Some of these experts attorneys use to give a complete picture of economic damages include actuaries, economists, vocational experts, medical professionals, and accountants. 

Actuaries use statistical data to project life expectancy, career length, and the financial impact of the injury over time.

Economists project the financial impact of lost wages and reduced earning capacity over a lifetime. They consider factors like current wages, inflation, work-life expectancy, benefits like health insurance, and missed promotions or raises.

Vocational experts assess how injuries limit the plaintiff’s ability to continue in their current role or transition to a new one. They evaluate skills, education, work history, physical or mental restrictions and estimate the availability of suitable jobs and the potential income for those roles.

Medical professionals such as doctors and other health care providers will provide insight into the plaintiff’s recovery timeline and long-term prognosis. The can confirm whether permanent disabilities limit work capabilities and whether accommodations or retraining is needed to return to work. They will also identify costs for retraining programs or assistive devices.

Forensic accountants will analyze financial records to quantify past wage losses, including bonuses, commissions, and secondary income.

These damages compensate for subjective, non-monetary losses. Non-economic losses include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. This list is not exhaustive. 

Non-Economic Damages In More Detail:

Pain and Suffering: Physical pain and emotional distress endured due to the injury.

Emotional Distress: Psychological impacts like anxiety, depression, or trauma stemming from the incident.

Loss of Enjoyment of Life: Diminished ability to enjoy daily activities, hobbies, or other aspects of life previously enjoyed.

Loss of Consortium: Negative effects on the relationship between spouses or family members due to the injury.

How to Manage Injuries After A Car Accident

As noted above, the type of case and the facts involving the injury or death will determine the type of damages the injured party or their loved ones are entitled to recover. For example, if an injury results in death, certain family members may pursue a wrongful death claim. This claim may include compensation for funeral and burial expenses, loss of financial support, and loss of companionship.  

If you were partially at fault for the accident, you may still be able to recover money for your injuries. Washington follows a “pure comparative fault” system, meaning that if the injured party is partially at fault for the accident, their compensation is reduced by their percentage of fault. 

For example, if you are found 40% at fault and the value of your case is deemed to be worth $100,000 (agreed by the primary at-fault driver’s insurance carrier or jury finds that value) your recovery would be reduced by your percentage of fault. So, instead of receiving the entire $100,000, you would receive $60,000 for your total settlement or verdict.

Proving damages in a personal injury case requires a strategic blend of evidence, expert testimony, and effective storytelling. For wage loss and future earnings, attorneys rely on vocational, economic, and medical experts to present accurate financial projections. 

For non-economic damages, the focus shifts to conveying the injury’s emotional and psychological toll, using personal accounts and expert insights to build a compelling case. By addressing both tangible and intangible losses, attorneys ensure their clients receive fair and comprehensive compensation.

Proving the full picture of damages after an injury takes tremendous experience in the personal injury legal field as well as extensive experience negotiating cases. All insurance carriers have records of settlements and verdicts regarding attorneys they have worked with. Basically, they are on notice that the person on the other end of the phone will hold them accountable. 

 In a serious injury accident, it is unrealistic to think an adjuster will treat an unrepresented person the same as an attorney. The adjusters and insurance defense lawyers know that personal injury lawyers are aware of the law and requirements for the insurance carriers. Non-lawyers do not know the law and insurance representatives are not required to educate you about insurance limits, benefits, additional policies or your rights in recovery. 

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