If you've been injured in a Washington motorcycle accident, you're likely to have questions about filing a lawsuit, the statute of limitations in which to file it, the amount of damages for which you might be entitled, how attorneys' fees are calculated and many others. Matt Menzer, a Washington attorney who’s been practicing law and representing plaintiffs for over 20 years in the areas of personal injury, medical malpractice, wrongful death and other areas, provided answers to the following frequently asked questions (FAQs):

Question: Do many motorcycle accident cases actually go to trial?

Answer: Most motorcycle cases, where the liability is clear, will eventually settle. Many times, the injuries in motorcycle cases are so dramatic that insurance companies wisely believe that if it does end up having to be tried, the jury may come back with a big verdict against the other driver.

I think that there is an effort by the insurance industry to find ways to portray motorcycle drivers as being reckless or doing something that may not have been illegal, but was unsafe. However, in my experience, I’ve found that motorcycle drivers are usually pretty careful out there and that it’s the other driver who wasn’t paying attention or was making an illegal or unsafe lane change is at fault..

But again, I think that in those cases where, unfortunately, you’ve got a high speed collision or just the fact that a motorcycle is being hit by a car, the severity of the injuries usually outweigh that effort on the insurance company’s part to portray motorcycle drivers in a biased or less than favorable light.

Question: Does Washington State have a statute of limitations to file a lawsuit in motorcycle accident cases?

Answer: Yes, it is the same statute of limitations that applies to other vehicle or automobile accidents. The law suit must be filed within three years from the date of the accident.

Question: What types of damages might be available to victims of motorcycle accidents in Washington State and are those capped?

Answer: Washington doesn’t have any caps or statutory limits on damages. Punitive damages are not available – at least not for these kinds of cases. In Washington, we can claim economic and non-economic damages which are also referred to as special and general damages.

General, or non-economic damages, are awarded for physical and emotional pain and suffering. In addition, if you have somebody who is severely injured, their family members can be awarded what is known as loss of consortium, which is basically the loss of the support, love and affection resulting from a serious injury to a family member.

Special, or economic damages, are awarded for the reasonable past and future medical bills and lost wages of the injured victim. In more serious cases, there is the loss of earning capacity – which usually involves some type of permanent disability or impairment that affects a person’s ability to work long-term.

Question: How are attorneys compensated and does Washington set limits on that?

Answer: Washington doesn't set limits on attorneys' fees in these kind of cases, but the state ethical rules and the statutes provide that the fees must be reasonable in light of the type of case and the amount of work that goes into the fee earned.. All that being said, a contingency fee of a third, or 33 percent, is fairly common in most vehicle accident cases.

If you've been involved in a bike accident, it's important to understand how Washington bike accident lawsuits are handled and how to increase your chances of prevailing in a WA motorcycle accident lawsuit. If you've been injured, contact a Washington bike accident lawyer to discuss your situation today.