Washington Personal Injury Law – What You and Juries May Not Know

There are certain procedures and issues that are common in personal injury claims that people may not be aware of, and it's important to know as much as you can about the legal system and what to expect before taking a case to trial. The Washington personal injury attorneys at the law offices of Phillips & Webster want you to be fully informed as to what can occur before litigation begins.

• Defendants and Insurance Coverage
• How the Case Is Heard
• Mandatory Arbitration
• What a Jury Will Not Be Told

Defendants and Insurance Coverage

Generally, a personal injury lawsuit will only be filed if a defendant is known to have insurance The lawyer for the victim of personal injury will typically not devote 100 hours or more to pursue a claim at trial unless there is a guaranteed source of recovery (an insurance policy capable of paying the verdict, or a self-insured, wealthy defendant). Little, if any, say about the defense of a case or settlement possibilities is given by the defendant. The defendant's insurance company makes most if not all the decisions when a case is in litigation, including hiring the attorney and deciding when to settle.

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How the Case Is Heard

If you feel you have been injured from someone else's negligence and are seeking damages here in Washington, you'll find most personal injury attorneys would rather have the verdict presented by a judge instead of a jury. Many jurors are skeptical and suspicious of injured plaintiffs, and sometimes refuse to award damages for legitimate injuries for a number of different reasons. Plus, to have a jury hear the case requires a $250 jury fee, and if a document called a Jury Demand has not been filed by the plaintiff or the defendant, a judge will ultimately decide the case if a settlement has not been reached.

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Mandatory Arbitration

Many plaintiffs' attorneys will try to bring smaller injury claims of less than $50,000 to settlement out of court or to a court-ordered arbitration hearing. Washington personal injury law offers the option of mandatory arbitration, a program in which the court appoints a retired judge or court-approved attorney to decide the case. This program tends to be more expedient and cost effective than a trial in court.

Arbitration awards can be appealed with a request that the case go to court. In this scenario, the party who appeals the award after arbitration and fails to do any better at trial has to pay the other party's attorney fees and costs.

The defendant or the defendant's insurance company is responsible for 90 to 95 percent of all appeals to court after an arbitration has decided an award on a personal injury claim. A plaintiff's attorney will rarely appeal an arbitration, as it puts the client at risk of having to pay for the defendant's defense costs. Learn more about pre-trial arbitrations for medical malpractice cases.

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What a Jury Will Not Be Told

A jury will never be told how much insurance the defendant has, or even if he/she has any at all. The judge and the attorneys are not allowed to mention whether a party is insured, and doing so will typically result in a mistrial.

If a case has been resolved in arbitration and then appealed it will go to trial with the stipulation that the jury will never be told that the case had been previously arbitrated. The amount of the award from arbitration is also, of course, withheld from the jury. This could leave the jury with the mistaken impression that the plaintiff and his or her attorney have not even attempted to settle the case through means other than a jury trial, and are forcing them to hear a small case that should have been settled. This can cause resentment of the plaintiff on the jury's part, and prompt them to award the plaintiff a small percentage of what would be considered a fair verdict.

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Contact Experienced Washington Personal Injury Attorneys to Handle Your Case

The Washington personal injury attorneys at the law offices of Phillips & Webster are experienced litigators who know how to navigate the complexities of jury trials. They can discuss various options for litigation with you, and map out the best strategy to pursue your case. Schedule a free case evaluation today.

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