Personal injury law is governed by the law of torts, or civil wrongs. Personal injury law is based on case law and both state and federal statutes.
Liability. There are many issues that must be considered in an injury claim. An injured person must normally prove negligence in order to recover, although strict liability may apply in some circumstances.
Damages. An injury claimant must prove damages, including proving that medical expenses were reasonable, necessary, and related to the accident. An injury claimant must also show proximate causation and bring the claim within the statute of limitations. An injury victim may also have to contend with arguments about comparative fault, or with complex issues involving multiple defendants, governmental immunity, or intentional torts.
Subrogation. If there is a recovery for an injury claim, injury victims are typically required to reimburse their own insurance carrier or other entities that paid medical expenses or other benefits. This is only true if the injury victim receives a settlement or award from the at-fault party. This is referred by the legal term "subrogation". There are exceptions to the obligation to reimburse.
Mahler. Depending on the source of the benefits and other factors, the insurance carrier or other entity that paid benefits may have to take a cut in their subrogation claim to compensate the costs of the injury victim's legal representation. In most situations, the insurance company's right to subrogation is governed by Washington state law and a line of cases known as Mahler. Under Mahler the insurance company is entitled to subrogation from the injury claim proceeds, but most take a pro-rated deduction for attorney fees.
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If you have questions about subrogation and Mahler, or you have been represented by an attorney in the past and believe the attorney failed to disclose the Mahler reduction, please contact us.
There is a lot of information about personal injury law on this site. We hope you find the site useful and easy to navigate. The information is not a substitute for legal advice, however. For advice about your circumstances you should contact a Seattle Personal Injury Lawyer.