If you were injured in an accident in Des Moines, Washington law gives you the right to seek payment for the harm someone else caused. This includes everything from your medical bills and lost income to the personal impact on your daily life.
But a right on paper doesn't automatically put money in your bank account. Securing fair compensation involves dealing with insurance adjusters, strict deadlines, and a pile of paperwork. It’s a demanding process to manage, especially when you should be focused on your health, which is why many people turn to a Des Moines Personal Injury Lawyer who can step in and handle the legal work while they concentrate on recovering.
You don't have to handle this by yourself.
At Pendergast Law, we take on these burdens for our clients. We have spent decades protecting the rights of people injured in Des Moines and across King County. If you have questions about what to do next, our team is here to provide clear answers.
Call us for a straightforward, no-obligation conversation at (425) 228-3860.
Why Choose Pendergast Law for Your Des Moines Injury Claim?
When you're looking for a lawyer, you want someone who sees you as a person, not just another case file. You need a team that will stand with you from the first call to the final resolution, personal injury case included.
A History of Helping the Injured
Our firm was founded with a single mission: to serve individuals and families dealing with serious injuries. For more than 30 years, we have dedicated our practice entirely to personal injury law. This focus gives us a deep understanding of the challenges you're up against. We only represent people, never insurance companies.
Our Results Show Our Commitment
We have a consistent record of securing high-value settlements and verdicts for our clients. This includes a $145,000 recovery for a man in Des Moines who fractured his hand in a car accident. Our experience has also led to significant recoveries in other cases, like a $595,000 settlement for a client with a whiplash injury.
Led by an Accomplished Advocate
Our founder, J.P. Pendergast, is a former King County Deputy Prosecutor known for his litigation skills. His work has earned consistent recognition from his peers and clients, including being named a Top 100 Trial Lawyer by the National Trial Lawyers, receiving a "Superb" 10.0/10 rating from Avvo, and winning the Avvo Client Choice Award.
Our Promise to You
- A Free, No-Pressure Case Review: We'll listen to you and give you a clear assessment of your legal options.
- The "No Fee Unless You Win" Guarantee: Our firm works on a contingency fee basis. Simply put, you pay us nothing unless we recover money for you.
- Direct & Personalized Attention: You will work with a dedicated team that makes keeping you informed a priority. Our clients frequently praise our diligence, compassion, and clear communication.
- Convenient for Des Moines Residents: We are easily accessible for clients throughout South King County.
What Happens When You Hire Our Firm?
Hiring a lawyer might feel like a big step, but the goal is to make your life easier. Once you decide to work with us, we take over the stressful parts of the process so you can put your energy into recovery. Here’s what that looks like in practice when you file a personal injury claim.
- We Take Over All Communication: The phone calls from insurance adjusters stop. From now on, they talk to us. This protects you from saying something that could be twisted and used to reduce your claim's value.
- We Launch a Full Investigation: We immediately start gathering evidence. This includes obtaining police reports, tracking down and interviewing witnesses, and, if needed, hiring accident reconstruction experts to prove exactly what happened.
- We Manage All the Paperwork: A personal injury claim is paperwork-heavy. We handle the forms, letters, and deadlines required to file your claim correctly and on time.
- We Build Your Case: We collect and organize all your medical records and bills, document your lost wages, and work with you to understand how the injury has affected your daily life. This information forms the basis of a formal demand package we send to the insurance company.
- We Negotiate on Your Behalf: Most personal injury claims are settled through negotiation. With the evidence we've gathered, we will skillfully argue for a settlement that covers all of your losses. We handle the back-and-forth so you don't have to.
- We Are Prepared for Court: If the insurance company refuses to offer a fair settlement, we don't back down. We prepare every case as if it's going to trial, and we are always ready to argue your case before a judge and jury.
How Much is a Des Moines Personal Injury Case Worth?
The purpose of a personal injury claim is to provide money to cover every loss the accident caused. It’s about making you financially whole again. While no two cases are the same, compensation in Washington is divided into two main categories, which is why many people take the time to choose the right personal injury lawyer who can calculate these damages accurately and protect the value of their claim.
Economic Damages: The Billable Costs
These are the specific, calculable expenses you've had to pay. Think of them as the receipts and invoices that have been stacking up. We work to account for every single one.
- Medical Bills: This covers everything from the ambulance ride and emergency room visit to future physical therapy, medications, surgeries, and any long-term care you might need.
- Lost Wages: This is the income you have already lost because you were unable to work while recovering.
- Loss of Earning Capacity: If your injuries keep you from returning to your old job or earning the same income, you may be compensated for this future loss. This is a forward-looking calculation based on your career path.
- Property Damage: This typically includes the cost to repair or replace your vehicle after a collision, along with any other personal items that were damaged.
Non-Economic Damages: The Human Impact
These damages compensate you for the ways the injury has affected your life beyond your finances. They don't come with a simple price tag, but their impact is just as real.
- Pain and Suffering: This accounts for the physical pain and emotional distress caused by the injury and the recovery process.
- Loss of Enjoyment of Life: This is for the activities, hobbies, and routines you can no longer take part in because of your injuries.
- Emotional Anguish: In some cases, this may include diagnosed conditions like anxiety, depression, or post-traumatic stress disorder (PTSD) stemming from the incident.
How Does Washington's "Comparative Fault" Rule Affect a Claim?
Washington follows a “pure comparative negligence” rule. Simply put, your total compensation may be reduced by whatever percentage you are found to be at fault for the accident.
Insurance companies conduct thorough investigations to find any evidence they can use to place blame on you. Our role is to build a strong case and make sure no blame is unfairly assigned to you.
Where Do Accidents Happen in Des Moines, WA?
While an accident may happen anywhere, some areas in and around Des Moines pose a higher risk due to traffic, road design, or other factors. These location-specific hazards can directly shape how an accident affect your personal injury claim, since insurers often use the crash site to argue you should have been driving more cautiously or share part of the blame.
- Marine View Drive S: As a major road along the waterfront, it gets heavy traffic, particularly during commutes and summer months. The mix of local cars, commuters, and pedestrians can lead to situations where accidents are more likely.
- Pacific Highway S (SR 99): This is one of South King County's busiest corridors. High speeds, multiple intersections, and a great deal of commercial truck traffic contribute to a large number of collisions.
- Intersection of S 240th St and Pacific Highway S: Large intersections like this are common locations for T-bone and rear-end crashes as drivers manage complex traffic signals and turning lanes.
- I-5 and the SR 516 Interchange: Highway on-ramps and off-ramps are frequent spots for merging accidents, especially during rush hour when driver frustration leads to mistakes.
Local Contributing Factors
- Seasonal Weather: The Puget Sound region’s frequent rain and fog reduce visibility and make roads slick, which increases the risk of accidents. Drivers who fail to adjust their speed for these conditions may be held liable.
- Commuter Traffic: Des Moines' location between Seattle and Tacoma means its roads handle a large volume of daily commuter traffic. This congestion leads to a higher chance of incidents.
We Handle a Wide Range of Des Moines Injury Cases
Our practice is focused on helping people who have been seriously injured by someone else’s actions. We have deep experience in a variety of claims that affect residents of Des Moines and nearby communities.
Common Types of Accidents
- Car Accidents: Collisions involving passenger vehicles, frequently caused by distracted driving, speeding, or driving under the influence.
- Truck Accidents: These cases are more involved due to the federal regulations governing the trucking industry and the serious damage a large commercial truck causes.
- Motorcycle Accidents: Riders are incredibly exposed on the road, and we understand the biases they sometimes face from insurance companies.
- Pedestrian & Bicycle Accidents: We help those injured by negligent drivers while walking, jogging, or cycling.
- Premises Liability (Slip and Falls): Property owners have a legal duty to keep their spaces reasonably safe. When they fail to fix a hazard and someone gets hurt, we hold them accountable.
- Dog Bites: Washington law holds dog owners strictly liable for bites, meaning you may have a claim even if the dog had never been aggressive before.
Injuries That Can Change a Life
- Traumatic Brain Injuries (TBIs): From concussions with lingering symptoms to more severe brain damage, these injuries can have lifelong physical and cognitive effects.
- Spinal Cord Injuries: An injury to the spinal cord might result in partial or full paralysis, requiring a lifetime of medical care.
- Whiplash and Soft Tissue Injuries: Though sometimes dismissed by insurers as minor, these injuries to muscles and ligaments can cause chronic pain.
- Broken Bones: Severe fractures may require surgery and extensive rehabilitation, leading to significant time away from work.
- Wrongful Death: We represent families who have lost a loved one, helping them seek justice and financial stability.
Washington's Deadline for Filing a Claim
You should know that Washington law sets a firm deadline for filing a personal injury lawsuit. In most cases, you have three years from the date of the injury to file a claim. If you miss this window, you will almost certainly lose your right to pursue compensation forever.
While three years might sound like plenty of time, there is a more practical deadline to consider: the one for gathering strong evidence. As days pass, witness memories fade, security footage gets erased, and physical evidence from the scene disappears. Acting sooner gives your attorney the best chance to build a solid case.
The Insurance Company Is Not on Your Side
After an accident, you will likely get a call from the at-fault party's insurance adjuster. They may sound friendly and concerned, but it is important to remember their job is to protect the insurer’s financial interests, which often means minimizing your claim. This becomes even more significant if you eventually need to file a personal injury lawsuit after an accident, because anything you say early on can be used later to challenge your injuries, shift blame, or weaken your case.
Insurance companies are businesses. This means they must balance paying valid claims with making a profit. A quick, low settlement is good for their business, but it's rarely good for you. This creates a direct conflict of interest.
Here's What to Look Out For:
- Requests for a Recorded Statement: You are not obligated to give one to the other driver's insurer. Adjusters are trained to ask questions designed to minimize your claim or shift fault to you. It's best to politely decline until you've spoken with a lawyer.
- A Quick Settlement Offer: An early offer is tempting, but it comes before the full extent of your injuries is known. Accepting it means you give up the right to seek any more compensation for that injury, even if you need more medical treatment later.
- Downplaying Your Injuries: An adjuster might suggest your pain isn't as bad as you say or that it was from a pre-existing condition. This is a common tactic to justify a lower offer.
- A Slow Claims Process: The claims process is full of paperwork and can be tedious. It's easy to get frustrated as bills pile up, creating pressure to accept a low offer just to be done with it.
Practical Steps You Can Take to Support Your Claim
While your lawyer handles the legal work, there are things you can do to strengthen your claim.
Follow Your Doctor's Orders
Go to all your medical appointments and follow through with prescribed treatments. If you don’t, an insurance company will argue that your injuries weren't that serious or that you made them worse yourself.
Keep a Pain and Recovery Journal
Regularly write down your daily pain levels, how your injuries affect your daily tasks, and anything else related to your recovery. This creates a detailed record of your experience that can become powerful evidence.
Track All Your Expenses
Keep every receipt and bill related to the accident in a folder. This includes co-pays, prescription costs, and even the mileage for trips to your doctor.
Stay Off Social Media
Assume that insurance investigators are looking at your social media profiles. A single photo or post, even if innocent, could be used out of context to argue your injuries aren't as severe as you claim. It's safest to avoid posting about the accident or your physical activities.
Direct All Communications to Your Lawyer
Once you hire an attorney, let them handle all communication with insurance companies. This stops you from accidentally saying something that could weaken your case and lets you focus on your health.
Frequently Asked Questions for a Des Moines Personal Injury Lawyer
What if the at-fault driver was uninsured or underinsured?
You may still recover compensation through your own insurance policy if you have Uninsured/Underinsured Motorist (UIM) coverage. This is an optional but very useful part of an auto insurance policy. We can review your documents to determine your options.
I was a passenger with a friend who caused the crash. Can I file a claim?
Yes. As a passenger, you have the right to file a claim against the at-fault driver's insurance, even if that driver is a friend or family member. This is exactly what insurance is for. Your friend's rates may be affected, but that is a result of them causing a crash, not of you making a claim.
What if my own health insurance already paid my medical bills?
Even if your health insurance paid for your treatment, you are still entitled to claim the full cost of those medical bills from the at-fault party. However, your health insurer may have a right to be reimbursed from your settlement. This is called "subrogation," and it's a standard part of the process that we manage for you.
How long will my personal injury case take?
The timeline varies. A straightforward case with clear liability might settle in a few months, while a more serious case that goes to trial could take a year or more. Our goal is to secure a fair resolution as efficiently as possible, without cutting corners.
Do I have to go to court?
The great majority of personal injury cases settle out of court through negotiation. However, we prepare every case as if it will end up in front of a jury. If the insurance company refuses to make a fair offer, we are always ready to take that next step.
You Don't Have to Figure This Out Alone
The time after an injury is filled with questions. You don't need all the answers right now. Your job is to focus on getting better. Let us take care of the rest.
There's no risk in learning about your options. Contact Pendergast Law today for a free, confidential discussion about what happened. We’re here to help you move forward.
Our team is available at (425) 228-3860.