Most personal injury claims are based on the legal principle of negligence. You may have a personal injury claim if you can show the defendant:

• Owed you a duty of care
• Violated the duty of care
• Harmed you by violating the duty of care
• Caused you damages

Car accidents are one of the most common types of personal injury cases. Using the framework identified above, the defendant owes a duty of care to all motorists to operate their vehicle in a safe manner to avoid causing accidents with others. If the driver was texting, speeding, or otherwise driving in an unsafe manner, they may have violated that duty. If those actions caused them to collide with your vehicle and you were hurt as a result, you may have a personal injury claim against the driver. Our Washington DC personal injury lawyers can help.

There are certainly other types of personal injury claims other than those involving car accidents. Victims may bring premises liability claims when property owners fail to keep their property in a safe condition and harm them. Other victims file medical malpractice claims when their healthcare provider fails to provide medical care within the accepted standard of care and harms them as a result. Contact our Washington DC personal injury lawyer today.

If you can show another person’s negligent actions or inactions that caused you harm, you have a personal injury claim. However, this is not always a straightforward assessment. A knowledgeable personal injury lawyer can explain whether you have a viable claim during your free case review.

Every state has a specific deadline by which accident victims must file a personal injury claim. This is called a statute of limitations. The statute of limitations in DC for most personal injury claims is two years. This is the deadline that your claim must be filed in court. If you miss this time limit, the court can bar you from filing your claim, no matter how clear the defendant’s liability was in your case. A DC personal injury attorney can figure this out.

There are specific circumstances when the statute of limitations may be shorter, such as if the claim is against the government. There are also exceptions when the statute of limitations may be longer, such as if a minor was injured. The best way to determine what the deadline is in your case is to contact an experienced personal injury lawyer for advice.

It is also a good idea to get a personal injury lawyer involved in the case as soon as possible. They will need time to investigate your claim, gather evidence to establish the defendant’s negligence, and negotiate for a fair settlement on your behalf.

Every personal injury case is different, as is its potential value. Various factors may affect the value of your claim, including:

• Where the accident occurred – Claims filed in different states, counties, or regions may be valued at different amounts.
• Liability – How clear the defendant’s liability or wrongdoing in your case can also impact the value of your claim. Additionally, if you were partially responsible for the accident, this factor can affect your claim. Washington DC uses the principle of contributory negligence, which bars recovery for plaintiffs in most personal injury cases from receiving any compensation if they were responsible for any portion of fault for the accident. Defendants will often assert contributory negligence as a defense to try to escape liability, so you will need to be able to present a strong case that shows another party or parties were completely at fault for your injuries.
• Amount and type of damages – The nature and extent of your economic and non-economic losses (known as “damages”) can have a significant impact on the potential value of your claim. Your damages may include everything from damage to your property to medical expenses to your pain and suffering.
• Insurance coverage – Most personal injury claims are resolved by filing an insurance claim against the at-fault party’s insurance policy. The insurance company can settle the claim for up to the value of the policy’s limits, though it will try to settle the claim for much less than this.

An experienced personal injury lawyer in DC can review the specific circumstances surrounding your claim and estimate how much your claim may be worth. Contact us to learn more. We have some of the best personal injury lawyers in Washington DC.

There is not a specific threshold of how severe your injuries need to be to file a claim. You don’t necessarily have to suffer a catastrophic or life-changing injury to receive money through a personal injury claim. As long as you suffered some type of harm in the accident, you may be able to recover compensation for your claim.

Each personal injury case is different. Each case involves different victims, injuries, and circumstances. One person in a car accident may suffer different injuries than another person in the same type of accident. Even if the victim had pre-existing injuries, DC’s personal injury laws recognize that the defendant must take the victim as they find them. Therefore, the victim can still pursue compensation for the harm they have suffered.

In some cases, this harm may be easy to quantify. For example, if you had to pay medical bills or lost time from work, you could use your medical or employment records to show how much the accident harmed you. Other types of harm may be more difficult to quantify. For example, you may have experienced physical, mental, or emotional pain and suffering, distress, or anguish. Even if the harm you’ve suffered is hard to put a number on, DC's personal injury laws still recognize your right to be made whole through the awarding of financial compensation.

The potential compensation you can receive for your injuries is directly related to the damages you sustained, which may include:

• Medical expenses – You can receive compensation for the medical expenses you have incurred and are likely to incur in the future. Payment for your medical expenses compensate you for the costs of doctor visits, emergency room visits, hospitalizations, rehabilitation, medication, medical devices, and other costs to diagnose, monitor, and treat you for the injuries you’ve sustained.
• Lost wages – If you lose wages or have to use your employment benefits because you were hurt, you can receive compensation for these losses.
• Reduced or lost earning capacity – In some situations, personal injuries can cause disability. If you are unable to return to the same line of work and your earnings are reduced or you can’t work at all, you can potentially receive compensation for these future economic losses.
• Property damage – You can receive money for the cost to repair or replace your damaged vehicle and other personal property.
• Out of pocket expenses – You may incur additional expenses, such as travel costs to and from medical appointments, rental car expenses, or the need to pay for adaptations to your vehicle or home due to your injuries.
• Pain and suffering – You could also receive compensation for your physical pain and suffering, mental anguish, emotional distress, inconvenience, and stress.

A knowledgeable personal injury lawyer from Marks & Harrison can evaluate the facts surrounding your claim and calculate the compensation to which you may be entitled.

Every personal injury case is different, so there is no set answer to this question. Some cases may resolve within a few months while others might take two or more years. It is understandable that you want to settle your claim as quickly as possible so that you can pay off your medical bills, pay off other bills that you’ve accumulated while recovering from your injuries, repair your vehicle, and tend to other life responsibilities.

Insurance companies may try to offer you a quick settlement so that you agree to release your claim before you understand its full value. But once you accept a settlement, you cannot usually go back and try to request additional compensation, even if you discover your injury is more severe or your medical expenses are more expensive than you first realized. This is why it is important not to try to rush your settlement and that you reach maximum medical improvement before trying to negotiate a settlement for your claim. Some factors that can affect how long your claim may take include:

• The nature and severity of your injuries
• Treatment you require after the accident
• The number of parties involved
• Whether liability is in question
• Whether you have to file a lawsuit
• The willingness of the insurer to settle your claim and avoid litigation
• The ability of your attorney to reach a fair settlement

We encourage you to reach out to us online to speak to one of the experienced personal injury lawyers at Marks & Harrison who can give you a better idea about what to expect in your particular case.