If you’ve been injured in an accident in Washington, D.C., it’s time to call a personal injury lawyer to figure out what to do next. You may not know whether you should file a personal injury claim or not, and you likely don’t know the steps you need to take to get the ball rolling.
Finding a local personal injury lawyer who can handle this type of claim helps you take action and get the compensation you deserve. The District of Columbia has different laws for personal injury claims than other states, so it’s vital that you find someone who’s knowledgeable and has experience in this region.
We always recommend that you talk to a few different attorneys to gauge who would be the best fit for you. But, before you start your personal injury case and hire a lawyer, there are a few things you should know.
Table of Contents
Personal Injury Laws & Statutory Rules in Washington, D.C.
Statute of Limitations
Types of Damages
Contributory Fault Rule
“No-Fault” Auto Insurance System
“Strict” Liability for Dog Attacks/Bites
Average Cost of a Personal Injury Lawyer in the District of Columbia
How to Find an Expert Personal Injury Lawyer in the District of Columbia
FAQs about Personal Injury Lawyers in the District of Columbia
1 What should I do after an accident?
2 What questions should I ask a lawyer before I hire them?
3 How fast do I need to find a personal injury lawyer?
4 Is it worth hiring a personal injury lawyer?
5 Does the District of Columbia require Personal Injury Protection insurance?
6 What happens if I decide to fire my attorney before the case is over?
Personal Injury Laws & Statutory Rules in Washington, D.C.
Since each state has slightly different laws regarding personal injury cases, it’s important that you have a basic understanding of at least a few of them. Your lawyer will be able to guide you through everything, but these are some things you should know, even before you hire an attorney.
Statute of Limitations
Each state has its own time limits that you must meet to file your personal injury claim. For most cases in the District of Columbia, the statute of limitations is three years. This means that if you’ve been in a car accident, had a slip and fall, or any other type of personal injury accident, you’ll need to file your claim within three years of the date of the accident.
There are a couple of exceptions to this. Wrongful death suits must be filed within one year. If you’re filing a claim against the government or one of its employees, you’ll need to do so by six months from the date of the incident.
Types of Damages
In Washington, D.C., there are three types of damages: economic, non-economic, and punitive. Economic damages cover the costs that were incurred from the accident, such as medical costs and loss of wages. Non-economic damages are difficult to quantify, as they cover pain and suffering, loss of companionship, and emotional distress. Punitive damages are awarded if there’s evidence that the injury was caused maliciously, willfully, or intentionally by another person.
Contributory Fault Rule
The contributory fault rule is also known as the “shared” fault rule. It’s considered a harsh rule, and only a few states follow it. Unfortunately, the District of Columbia does. This rule means that if you’re found to have contributed to the accident in any way, no matter how small, you are no longer able to collect ANY damages.
“No-Fault” Auto Insurance System
Washington, D.C. follows the “no-fault” auto insurance system, which basically means that you’ll seek compensation from your own insurance company rather than the other driver’s, even if they caused the accident.
There are a few cases that will allow you to step outside the confines of the “no-fault” system, which are:
- Substantial, permanent scarring or disfigurement.
- Significant and medically demonstrable impairment in doing daily activities.
- Medically demonstrable impairment that prohibits the injured party from doing daily activities for at least 180 days.
- Medical bills that exceed the limits of all relevant no-fault insurance policies.
“Strict” Liability for Dog Attacks/Bites
Most states have a “one-bite” rule, where the dog owner is protected from a personal injury claim on the first offense if they had no reason to believe the animal was dangerous. However, in the District of Columbia, they have a statute (D.C. Code Ann. § 8-1812) that makes the owner “strictly liable.” This means that you can file a personal injury claim against the owner, no matter if the dog has had a previous issue or not.
Average Cost of a Personal Injury Lawyer in the District of Columbia
It’s impossible to guess what you’ll need to pay your personal injury lawyer. This is because most work on a contingency basis, which means they only get paid if you win the case. The average fee agreement is 33%, but some attorneys may charge closer to 40%.
You’ll need to check the agreement and ask your attorney what their fees are so that you don’t have any surprises in the end. Ask whether you’ll have any other associated fees, such as the cost of filing the claim and processing fees. There may also be court fees, but double-check with your lawyer ahead of time and ask them to lay out all your costs.
How to Find an Expert Personal Injury Lawyer in the District of Columbia
Once you’ve decided to file a personal injury claim and met the criteria, it’s time to start searching for a lawyer. When choosing a personal injury attorney, there are a few things you’ll want to consider.
Take a look at how long the firm or individual attorney has been practicing. This will tell you how much experience they have and if they have the knowledge that you’ll need to win your case. You’ll want someone that knows the ins and outs of insurance companies, so they can work aggressively to negotiate your settlement.
The last thing you’ll need to do is check their reviews and see what previous clients are saying about them. You’ll want someone that makes you feel comfortable and helps to alleviate the stress you’re feeling. A lawyer that communicates well is essential, so you know what’s going on with the case. These are things that you won’t learn about them at the first meeting, so reading reviews can really help.
Here at My Case Helper, we’ll do the heavy lifting for you. When you call our number or fill out a consultation request form, we begin working on connecting you to the best available attorney to represent your case.
FAQs about Personal Injury Lawyers in the District of Columbia
1. What should I do after an accident?
This will vary based on the type of accident and the injuries you’ve sustained. However, there are a few things you’ll need to do in any case.
- Contact the police. You’ll want to call the police and get the name and badge number of the officer that arrives. If there’s a police report, you’ll also want to get that number. If the police don’t end up coming to the scene, you may want to go to the police station and file a report yourself. Get a copy of the report if you can.
- Gather details. Depending on the type of accident, these details may vary. However, suppose it is a car accident. In that case, you’ll want to take pictures of the license plates of all vehicles involved, the vehicles themselves and the damage, the driver’s license of anyone else involved, and get the names and contact info for those involved and any witnesses.
- Medical attention. You’ll want to see a doctor, no matter how you’re feeling at the moment. Some injuries may take time to reveal themselves, and it’s best to have a thorough check-up to make sure you’re okay.
- Find a personal injury lawyer to guide you through the process.
2. What questions should I ask a lawyer before I hire them?
These are the main questions that you’ll want to ask a potential lawyer to know if they’re the right person for you.
- How long have you been in practice?
- How many cases like mine have you handled?
- How often do you settle cases out of court?
- How much time do you have to devote to my case?
- What are your fees and costs?
- Will I have to pay any fees or costs if I lose?
- What’s the typical length of time it takes to resolve a case like mine?
- What are the next steps?
3. How fast do I need to find a personal injury lawyer?
It’s crucial to hire a lawyer as quickly as possible after your injury. This is because the attorney will want to gather as much evidence as possible for the case, and some of this will disappear as time goes by. For example, they may want to photograph your injuries, photograph the vehicles involved before repairs (if applicable), and examine clothing/vehicles/etc for the cause of the accident. Also, insurance companies often try to get a recorded statement from accident victims fairly quickly, and without guidance, those statements could end up hurting the case.
4. Is it worth hiring a personal injury lawyer?
Yes! If you’ve been injured in an accident, hiring a personal injury lawyer is the wisest thing to do. A good attorney will be able to negotiate and represent your interests with the insurance company. They’ll also be able to represent you in court if filing a lawsuit becomes necessary. Lawyers know how to gather evidence, value the case, and deal with insurance companies that may take advantage of the average citizen.
5. Does the District of Columbia require Personal Injury Protection insurance?
No, PIP is not mandatory in Washington, D.C. However, insurance companies must offer this protection when you sign up for insurance.
6. What happens if I decide to fire my attorney before the case is over?
This can be pretty tricky. If you feel the need to switch lawyers, the attorney that you fired will have a lien for fees and expenses that were incurred before the switch. They could potentially sue you and the defendant in the case for failing to honor that lien. You’re also going to want to get them to sign an agreement that they won’t seek interest on those fees and expenses. You’ll need to forward this document to the defendant before settlement to avoid unnecessary delays on the lien.
My Case Helper is here to connect you with top legal representation in the attorneys and law firms. We pride ourselves on partnering with the absolute best legal teams in the United States. Get help with any legal case you are facing today by calling My Case Helper at (844) 980-1574.