Colburn Law

Spokane Personal Injury Lawyer

A personal injury claim is a civil action designed to help an injured party recover losses caused by another party’s negligence or intentional tort. Anyone injured in the Spokane area due to the actions of another party can contact Colburn Law today to schedule a consultation with a Spokane personal injury attorney and discuss options for legal recourse.

Hiring an attorney increases the chances of securing a recovery from a personal injury and in most cases the amount of recovery available to a client. A personal injury attorney can also help a client handle difficult insurance claims adjusters and other personal affairs throughout the course of a lawsuit.

Call a Spokane personal injury attorney at Colburn Law today at (206) 919-3215 for a free consultation.

Personal Injury Resources:

Damages and Compensation for a Personal Injury Claim in Spokane

Proving Negligence in a Personal Injury Claim

Do I Need a Personal Injury Attorney?

How Long After an Injury Do I Have to Contact a Personal Injury Lawyer?

What Are Examples of Personal Injuries?

Do All Personal Injury Cases Go to Trial?

The Difference Between Filing a Personal Injury Claim and Filing a Lawsuit

Why Choose Colburn Law?

At Colburn Law, we are committed to providing exceptional legal representation for Seattle residents who have suffered serious injuries due to someone else’s negligence. Here’s why you should choose us:

• Extensive Experience: With years of experience in personal injury law, Greg Colburn has successfully represented hundreds of clients across the Seattle area, securing justice and fair compensation.
• Client-First Approach: We take the time to listen and understand your unique situation, crafting a personalized legal strategy tailored specifically to your needs.
• Personal Dedication: Our founder, Greg Colburn, established the firm after experiencing the challenges of seeking legal help following a serious construction accident. His personal journey fuels our passion to help others receive the support they deserve.
• Contingency Fee Arrangement: You only pay if we win your case. If we don’t secure a verdict or settlement, there are no fees—your success is our success.

Damages and Compensation for a Personal Injury Claim in Spokane

The goal of a personal injury claim is to make the plaintiff “whole” again. The plaintiff can claim economic damages including immediate and future medical expenses resulting from the defendant’s negligence. These may include hospital bills, ambulance fees, or the costs of necessary ongoing treatments like physical therapy.

Plaintiffs can also receive compensation for lost income if an injury prevents working during recovery or prevents the plaintiff from resuming work in the future. If the defendant’s actions damaged or destroyed the plaintiff’s personal property, the plaintiff can claim repair and replacement costs. Plaintiffs in personal injury claims may also receive compensation for their pain and suffering.

If you or a loved one recently sustained any type of personal injury in Spokane due to another party’s negligence or intentionally harmful actions, a personal injury lawsuit may help you recover your losses.

Proving Negligence in a Personal Injury Claim

In any personal injury claim, the plaintiff’s attorney must prove four elements of negligence to secure recovery for the plaintiff.

• The plaintiff’s attorney must prove the defendant owed a duty of care in the given situation
• The plaintiff’s attorney must then prove how the defendant breached this duty of care.
• Next, the plaintiff’s attorney must establish the full range of the plaintiff’s damages.
• Finally, the plaintiff’s attorney must prove that those damages were the direct result of the defendant’s negligence and not some other cause.

If the plaintiff’s attorney can successfully provide proof of these elements of negligence, the plaintiff will likely succeed with the claim. However, comparative negligence laws may sometimes diminish a plaintiff’s recovery.

States like Washington with comparative negligence laws allow plaintiffs to still recover compensation if they are partially at fault for their claimed damages, but only if the plaintiff’s fault does not exceed the defendant’s. The jury assigns a fault percentage, and the plaintiff loses that percentage of the case award.

Do I Need a Personal Injury Attorney?

Many accident victims hesitate to hire a personal injury attorney after an accident. Some worry about the cost, believing they cannot afford legal representation when they are already facing medical bills and other expenses.

Others think their case is straightforward enough to handle alone, especially if the insurance company seems cooperative initially. There is also a common misconception that hiring an attorney means you are being overly litigious or trying to profit from your accident.

However, attempting to handle a personal injury claim without legal representation often leads to costly mistakes. Insurance companies frequently take advantage of unrepresented claimants, offering settlements far below what the case is worth.

They may pressure claimants to accept a quick settlement before they fully understand the extent of their injuries or future medical needs. Without legal representation, a claimant might inadvertently say something that damages their case or miss critical deadlines that affect their right to compensation.

If you plan on filing a personal injury claim in Spokane, you need an attorney on your side. A lawyer from Colburn Law can bring substantial value to your case; an attorney will understand how to properly value your claim, including often-overlooked damages like future medical expenses, lost earning capacity, and pain and suffering.

They will also handle all communication with insurance companies, protecting you from making statements that could harm your case. Your attorney can gather and preserve evidence, enlist the help of experts to strengthen your arguments, and negotiate aggressively on your behalf.

Most importantly, hiring an attorney allows you to focus on your recovery while they handle the legal complexities. Additionally, most firms—including Colburn Law—work on a contingency fee basis. This means that you pay nothing upfront and the lawyer only gets paid if they recover a settlement for you, allowing you to secure legal representation without worrying about out-of-pocket expenses.

How Long After an Injury Do I Have to Contact a Personal Injury Lawyer?

The statute of limitations is a law that establishes a deadline for filing certain types of legal claims. For personal injury cases, Washington has a three-year statute of limitations—which means that you must file your lawsuit within three years of the date of the injury or the court will likely dismiss your case.

RCW 4.16.080. Actions limited to three years.

The following actions shall be commenced within three years:

(2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated.

While the law gives you three years to file a claim, waiting that long to contact an attorney can seriously damage your case. Critical evidence may disappear or deteriorate over time. Witnesses’ memories fade, making their testimony less reliable. Surveillance footage might be deleted.

You should contact a personal injury attorney as soon as possible after your accident, ideally within days or weeks. Early involvement allows your attorney to immediately begin preserving evidence, documenting the accident scene, and interviewing witnesses while their memories are fresh.

Early legal representation also prevents common mistakes that can harm your claim. Your attorney can advise you on what to say (and not say) to insurance adjusters, how to document your injuries and expenses properly, and when to seek certain types of medical treatments.

Insurance companies often try to contact accident victims quickly, hoping to secure statements or offers before they understand their rights or the full extent of their injuries. Hiring an attorney early in the process prevents insurance companies from taking advantage of your vulnerable position. Your lawyer can handle all communication with insurers and protect your interests from the start.

Remember, consulting with a personal injury attorney does not obligate you to hire them or file a lawsuit. Most firms, including Colburn Law, offer free initial consultations where you can discuss your case and understand your options without any commitment. This early conversation can help you make informed decisions about your legal rights and begin strategizing your next steps.

What Are Examples of Personal Injuries?

A personal injury refers to any harm caused to the mind, body, or emotions. When these injuries result from accidents or the negligent actions of others, you have the right to file a claim against the responsible party or parties and recover compensation for the damages that you suffered.

Personal injuries can dramatically impact your daily life, affecting your ability to work, enjoy activities, and maintain relationships. Some of the most common include:

• Traumatic Brain Injuries (TBI): From mild concussions to severe brain damage, these injuries often result from car accidents, falls, or workplace incidents. The long-term effects can include memory loss, personality changes, and cognitive difficulties that may lead to permanent limitations.
• Spinal Cord Injuries: These injuries can lead to partial or complete paralysis and often require extensive medical treatment and long-term rehabilitation. Vehicle accidents, falls from heights, and sports injuries commonly cause spinal cord damage that fundamentally changes victims’ lives.
• Broken Bones and Fractures: While some fractures heal relatively quickly, complex breaks may require surgery and extended physical therapy. Multiple fractures or compound breaks can lead to chronic pain and limited mobility, which can affect victims for years to come.
• Soft Tissue Injuries: Whiplash, sprains, and torn ligaments might seem minor at first, but they can sometimes develop into chronic conditions. These injuries often occur in motor vehicle collisions and slip-and-fall accidents, potentially causing lasting pain and reduced range of motion.
• Burn Injuries: Severe burns from fires, chemical exposure, or electrical accidents can require multiple surgeries, skin grafts, and extensive rehabilitation. Beyond physical pain, burn victims often face emotional trauma and permanent disfigurement.
• Internal Injuries: Damage to organs, internal bleeding, or crush injuries may not show immediate symptoms but can be life-threatening without treatment. These injuries typically result from high-impact accidents or workplace incidents involving heavy machinery.
• Mental Health Conditions: Trauma from accidents can trigger anxiety, depression, PTSD, and other psychological conditions that require professional treatment. These invisible injuries can be just as debilitating as physical ones, often requiring long-term therapy and medication to manage symptoms.

Do All Personal Injury Cases Go to Trial?

When you file a personal injury claim, your case can conclude in one of two main ways: via settlement or a verdict delivered after a courtroom trial. Most personal injury cases do not go to trial, instead settling when both parties can reach an adequate agreement. Settlements can occur at almost any stage in the personal injury litigation process.

For example, insurance companies may offer an early settlement when liability is clear and both parties agree on the extent of damages. However, this initial offer is often lower than what you need to recover. In these situations, your attorney can present compelling evidence and documentation of your losses to negotiate for a fair settlement on your behalf. If the insurer is willing to make a fair offer, your case may settle at this stage.

After a lawsuit is formally filed, many cases settle during the discovery phase, when both sides exchange evidence and take depositions. As the strength of your case becomes apparent through documented evidence, medical records, and expert testimony, defendants often recognize the benefit of settling rather than risking a trial.

You may also participate in mediation while waiting for your case to go to court. During this process, a neutral third party helps facilitate negotiations between you and the defendant. If both parties reach an agreement during mediation, then you can settle your case and avoid going to trial.

However, going to trial is sometimes necessary to recover fair compensation. Insurance companies or defense lawyers may refuse to offer adequate settlements, especially in high-value cases or those involving disputed liability. Accepting an inadequate settlement can leave you without sufficient resources, potentially causing long-term financial hardship.

To protect your rights, it is important to follow your attorney’s guidance. Your lawyer will understand how to calculate the true value of your claim, including future medical expenses and long-term impacts on your quality of life. They can thoroughly evaluate settlement offers and advise whether they fairly compensate you for your injuries—all while preparing a compelling case for trial.

The Difference Between Filing a Personal Injury Claim and Filing a Lawsuit

After sustaining an injury, you have two primary paths to pursue compensation: filing an insurance claim or initiating a lawsuit. While people often confuse these terms, they represent two very different approaches to recovering damages.

Filing an Insurance Claim

An insurance claim represents a direct negotiation with the at-fault party’s insurance provider. Think of it as a formal request for compensation that occurs entirely outside the court system. When you file a claim, you work with insurance adjusters who review your medical records, accident reports, and other documentation to determine a settlement offer.

The claims process typically begins with a thorough investigation. Insurance adjusters examine the accident scene, interview witnesses, review police reports, and assess your medical records. Based on their findings, they calculate what they believe your claim is worth according to their company’s policies and guidelines. They can also deny your claim for reasons such as insufficient evidence or an accident that falls outside of the scope of coverage.

Many victims prefer insurance claims because they generally resolve faster than lawsuits. A straightforward claim might settle within weeks or months, allowing you to pay medical bills and replace lost income sooner. Claims also involve less paperwork, fewer formal procedures, and lower costs since you avoid court filing fees and extensive legal proceedings.

However, insurance companies may prioritize their bottom line over your well-being, leading to settlement offers that are less than what you deserve. Adjusters may downplay your injuries, dispute liability, or pressure you to accept a quick settlement before you fully understand your long-term medical needs. In cases involving severe injuries or disputed liability, pursuing a lawsuit often provides better leverage to secure the full compensation you deserve.

A Spokane car accident lawyer will take care of all the complicated legal steps of lawsuit, should you pursue one, allowing you time to spend more critical time on your physical and mental recovery.

Filing a Lawsuit

A lawsuit moves your case into the court system, where a judge or jury determines the outcome rather than an insurance company. While lawsuits typically take longer and cost more than claims, they offer important advantages.

Lawsuits allow you to pursue full compensation for all damages, including non-economic losses like pain and suffering that insurance policies might not cover. They also compel insurance companies and defendants to take your case seriously. Once served with a lawsuit, defendants must respond to your claim or risk losing by default.

A personal injury lawsuit in Spokane typically involves the following steps:

• Filing a formal complaint outlining your legal claims and damages
• Serving the defendant with legal notice of the lawsuit
• Participating in discovery to exchange evidence and information
• Attending depositions and pretrial hearings
• Engaging in settlement negotiations or mediation
• Preparing for and participating in trial if necessary
• Pursuing appeals if necessary

Lawsuits provide powerful tools unavailable in the insurance process. Through discovery, you can compel the production of evidence, require sworn testimony from witnesses, and obtain expert opinions. Additionally, unlike insurance claims that are limited by policy maximums, lawsuits allow you to pursue the full value of your damages. Your lawsuit may result in significantly higher compensation.

Which Option Is Right for Me?

When deciding whether to file a claim or a lawsuit, it is important to consult with an attorney. A Spokane personal injury lawyer can evaluate the circumstances of your case and identify your strongest path to compensation. They know how insurance companies value different types of claims and can predict when litigation might be necessary to recover the settlement that you deserve.

Generally, you should consider filing an insurance claim when liability is clear and your injuries are relatively straightforward. This path is best when the at-fault party’s insurance coverage adequately covers your damages.

A personal injury lawsuit is likely in your best interest when you have suffered severe injuries with long-term implications. When insurance companies deny valid claims, make unreasonably low settlement offers, or dispute clear liability, lawsuits can provide the leverage you need to secure fair compensation.

You should also consider litigation when multiple parties share responsibility, your damages exceed insurance policy limits, or you need the court’s subpoena power to obtain evidence.

Remember, these options aren’t mutually exclusive. Many cases begin as claims and later transition to lawsuits. Your attorney can handle negotiations with the insurance company while simultaneously preparing for potential litigation.

Why Hire an Attorney for a Personal Injury Claim in Spokane?

A personal injury matter may seem straightforward at first, but the defendant may try to deflect blame to the victim or there could be multiple parties who share liability for a victim’s damages. An attorney can help navigate these issues and minimize any comparative negligence a client could absorb.

A plaintiff who attempts self-representation not only risks having his or her case thrown out due to a procedural error but will also likely overlook avenues of compensation that an attorney would know to explore.

Contact Colburn Law today online or call (206) 919-3215 to schedule a free case evaluation with a Spokane personal injury attorney, and we will let you know how our firm can help.