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Washington, D.C. Personal Injury Lawyers

Filing a Personal Injury Lawsuit in the District 

When someone else behaves carelessly or negligently causes you harm, you have the right to seek fair compensation for your damages. At Mike Slocumb Law Firm, our Washington, D.C. personal injury lawyers provide highly personalized legal representation tailored to the unique needs, goals, and concerns of each individual client. 

We know that no two cases are exactly alike, which is why we take the time to get to know you and learn how we can help you in your recovery. As your legal team, we will do everything we can to maximize your recovery. To date, our firm has secured more than half a billion dollars in settlements and verdicts for our clients; we are not afraid to aggressively advocate for your rights and take your case to trial if necessary. 

When you hire us, you do not pay any attorney fees unless/until we recover compensation for you, so you have nothing to lose in reaching out to our team today to learn how we can help you seek the justice you deserve.

Contact us online or call (202) 759-7807 to request a complimentary consultation and case evaluation with one of our experienced personal injury attorneys in Washington, D.C. Hablamos español.

How Long Do You Have to File a Personal Injury Lawsuit in D.C.? 

Washington, D.C. has its own statute of limitations, or filing deadline, when it comes to personal injury lawsuits. In D.C., you have just three years from the date of injury to bring your claim in court. If you fail to file your lawsuit within three years, the court will almost always dismiss your case. 

There are some exceptions to this rule, but they are rare. One occurs when an injury cannot and is not discovered right away. When this is the case, the plaintiff may have three years from the “date of discovery," or the date on which the injury could have been discovered or actually was discovered, to file a lawsuit. 

Proving a Personal Injury Claim in Washington, D.C.

As the person bringing the personal injury claim, known as the “plaintiff,” you have the burden of proof. This means that you are the one responsible for proving your claim against the defendant, not the other way around.

To prove your personal injury claim, you will likely need to prove each of the following points: 

  • The defendant had a legal responsibility, or “duty of care,” to take certain actions to prevent injury and avoid others that could cause foreseeable injury 
  • The defendant failed to uphold, or “breached,” this duty of care, most often through negligent or wrongful act or omission 
  • The defendant’s failure to uphold the duty of care, whether through negligent or wrongful act or omission, caused you to be injured 
  • Your injuries led to measurable damages for which you can be compensated, such as medical expenses, lost income, and pain and suffering 

Because the District follows a plaintiff-unfriendly rule of contributory negligence, you must also prove that you were in no way responsible for the incident that caused your injury. If you are found to be even one percent to blame, you cannot file a claim or receive any compensation for your damages. 

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    “Attorney Lowell Moore was awesome in the whole process! He kept us included in every move made for our accident/injury case. Never had an issue with communication and he really showed us he cares about his clients!!!”

What Is No-Fault Insurance & How Does It Affect Your Claim? 

Washington, D.C. follows a no-fault car insurance system. Under this system, anyone who purchases auto insurance in the District is covered for certain losses after an accident, regardless of fault. In other words, you do not have to prove that someone else was at fault for the crash to recover compensation. 

Personal Injury Protection Claims

Instead, you can simply file a claim (known as a “personal injury protection,” or PIP claim) with your own auto insurance provider (rather than the other driver’s insurance provider) and receive financial reimbursement for eligible losses. While the no-fault system makes it somewhat easier to recover compensation after a car accident, there are certain drawbacks to this system, as well. 

One main one is that no-fault insurance does not allow you to seek compensation for non-economic damages, such as pain and suffering. Additionally, no-fault coverage is relatively limited and may not provide enough to cover the cost of your economic losses. 

The only way to step outside the no-fault system and seek compensation over and outside of the confines of PIP insurance is to prove that you have suffered a "serious injury," as defined by D.C. law. 

To learn more about Washington, D.C.’s no-fault auto insurance and accident system, visit our Car Accidents page or contact us directly for a free consultation.

 

Common Mistakes People Make After Suffering a Personal Injury

After you’ve been injured in an accident, it can be overwhelming to juggle medical recovery, financial concerns, and the legal process. However, many people make avoidable mistakes that can jeopardize their personal injury claim. Recognizing these pitfalls will help you take better steps toward protecting your rights.

  • Delaying Medical Treatment: Failing to seek immediate medical attention is one of the biggest mistakes people make after an injury. Not only can this worsen your condition, but it can also weaken your claim, as insurance companies may argue that your injuries are not as severe as you claim or were caused by something other than the incident.
  • Not Documenting Evidence: A lack of evidence can make it difficult to prove your case. Skipping steps like taking photos of the accident scene, obtaining witness statements, or keeping records of medical visits can hurt your ability to demonstrate liability and damages.
  • Admitting Fault or Downplaying Your Injuries: Even casual comments like “I’m sorry” can be used against you to argue that you were partially at fault. Additionally, downplaying your injuries to others could minimize the potential value of your claim.
  • Speaking to Insurance Companies Without Representation: Insurance adjusters often try to settle for the lowest amount possible. Speaking to them without a lawyer can result in you accepting a settlement that doesn’t cover all your damages.
  • Posting on Social Media: Social media posts can be used as evidence against you. For example, a photo or status update that contradicts your claims about the severity of your injuries can harm your case.
  • Accepting the First Settlement Offer: The first settlement offer from an insurance company is rarely enough to cover all your medical bills, lost wages, and long-term damages. Rushing to accept it can leave you with ongoing financial and emotional burdens.
  • Not Hiring a Personal Injury Lawyer: Dealing with the legal process without professional support can lead to errors that weaken your claim. Many people wrongly believe they can handle a personal injury case on their own but end up facing unnecessary challenges.

Why You Need a Personal Injury Attorney

If you're wondering, "Do I need a personal injury lawyer?" the answer is almost always yes. A skilled attorney can provide crucial support and maximize your chances of a successful outcome. Here's why:

  • They Handle Complex Legal Processes for You: A personal injury attorney manages all aspects of your case, including paperwork, negotiations, and court filings. This allows you to focus on your recovery without having to worry about legal procedures.
  • They Know How to Maximize Compensation: Experienced lawyers understand the full scope of damages you may be entitled to, including future medical expenses, lost earning capacity, and pain and suffering. They will fight to secure compensation that covers all your losses.
  • They Provide Strong Negotiation Skills: Insurance companies have experienced adjusters whose goal is to minimize payouts. Your attorney will negotiate aggressively to ensure you receive fair compensation.
  • They Can Prove Liability and Build Evidence: Proving negligence can be complex. Your attorney will gather essential evidence, consult with experts, and build a compelling case to demonstrate the other party’s liability.
  • They Will Represent You in Court if Necessary: If a fair settlement can’t be reached, your lawyer will be prepared to take your case to trial. Their courtroom experience ensures that your rights are fully protected during litigation.
  • They Protect You from Costly Errors: Simple mistakes, like missing a deadline or making an offhanded statement to an insurance company, can harm your case. A personal injury attorney prevents such missteps by guiding you through each step of the process.

Is it worth hiring a personal injury attorney? The answer often depends on the complexity of your case and the damages involved. However, most people benefit from having professional legal representation to protect their interests and strengthen their claims.

When Should I Hire a Personal Injury Lawyer?

It’s best to consult with a lawyer as soon as possible after the accident. Early representation allows your attorney to promptly collect evidence, communicate with insurance companies on your behalf, and file your claim within the necessary deadlines.

 

How Our D.C. Personal Injury Lawyers Can Help 

Getting back on your feet after a serious accident or injury can be extremely challenging. Depending on the severity of your injury and the specific facts of your case, you may be facing significant physical, financial, and emotional hardships. 

At Mike Slocumb Law Firm, we recognize what you are going through, and we are here to help. Our Washington, D.C. personal injury attorneys have extensive experience handling all types of complex cases. 

Whether you slipped and fell due to unsafe conditions on someone else’s property or your loved one tragically passed away after a collision with a large commercial truck, our team can help you fight for the justice you are owed. 

Our goal is to provide the guidance you need to make informed decisions about your case, your recovery, and your future. 

Get in touch with us today at (202) 759-7807 or submit a free online case evaluation form to learn how Mike Slocumb Law Firm can help you with your personal injury case.

 

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