Spokane Personal Injury-Damages, What Can A Victim Expect To Recover?

One of the most frequent questions I receive as a personal injury attorney is what can a plaintiff recover for his or her injuries that were caused by another individual’s negligence?

In a standard personal injury case–say an automobile accident–the plaintiff can recover economic and non-economic damages. Economic damages are the costs and expenses associated with personal injury. For example, past and future medical expenses, lost wages, and funeral expenses would all be considered economic damages. Non-economic damages, on the other hand, are the intangible losses a person endures because of his or her injury. Examples of non-economic damages include pain and suffering, loss enjoyment of life, inconvenience, and loss of consortium (relationship with loved ones).

One of the biggest surprises people have when I explain the types of damages they can recover in a personal injury action is the fact that they cannot collect attorney fees from the other side. Not to bore you with the historical details, but the United State’s legal system has always followed the “American Rule,” that is, each party is responsible for their own attorney fees. Unless the Washington Legislature has specifically allowed a prevailing party to collect his or her attorney fees from the other side (E.g. Insurance Fair Conduct Act), each side must bear their own attorney fees.

Advertisements
This entry was posted in Automobile/Car Accident, Compensation and Damages, Insurance Fair Conduct Act (IFCA), Personal Injury, What Can A Victim Expect To Recover? and tagged , , , , , , , , , , , . Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s