You Were Hurt Because Someone Else Was Careless. Washington Law Says They Pay.

A collision on I-5, a fall in a poorly maintained parking lot, a dog off its leash — the moment passes in seconds. What follows takes months. Emergency room bills arrive before you are back on your feet. Your employer needs to know when you are returning. And an adjuster you have never met is already on the phone, friendly and efficient, asking you to describe an accident you are still trying to make sense of.

Sterbick & Associates represents injured people across Washington State. Attorney John Sterbick has practiced law in Tacoma for more than 29 years, is a member of the Washington State Bar Association (WSBA #17805) and the Washington State Association for Justice, and appears in both state and federal court.

Our job is straightforward: establish who was at fault, document what the injury actually cost you, and hold the responsible insurer to that number.

What Makes This Firm Different

Most injury firms hand you a check and say goodbye. That is the moment a lot of injured people quietly lose ground.

Sterbick & Associates has spent three and a half decades in federal tax law and bankruptcy — which means we see the problems that surface after the settlement, and we handle them in-house:

The Problem After Settlement Why Most Injury Firms Miss It How We Handle It
Which parts of my settlement are taxable? It is a tax question, not a tort question. We apply IRC § 104(a)(2) directly: compensation for physical injury is generally excluded from gross income, but punitive damages and interest are not. Allocation matters, and it should be handled during negotiation — not the following April.
The hospital filed a lien on my settlement. Lien negotiation is treated as paperwork. Washington providers can lien your recovery under RCW 60.44.010, but those liens are statutorily capped at 25% of the total recovery and carry strict filing requirements. We audit every lien for validity before a dollar is paid.
Debt piled up while I could not work. Referred out to a different firm. We are bankruptcy counsel. If debt relief becomes the right answer, you are already in the right office.
I already filed bankruptcy — is my injury claim safe? Frequently mishandled, sometimes fatally. A pending injury claim is property of the bankruptcy estate under 11 U.S.C. § 541 and must be scheduled. Failing to list it can forfeit the claim entirely. See below — Washington’s rule here is unusually favorable, and almost nobody knows it.

The Rule Almost No One Tells Washington Injury Clients

If you are carrying serious debt alongside a serious injury, this matters more than anything else on this page.

Washington’s personal property exemption statute was substantially revised effective July 23, 2023. Under RCW 6.15.010(1)(d)(viii), the right to — and the proceeds of — a personal injury claim are protected from creditors without a dollar limit in a bankruptcy case, subject to valid liens and subrogation claims.

Set that against the alternatives:

Exemption Scheme Personal Injury Protection
Washington state exemptions (in bankruptcy) Unlimited
Federal exemptions — 11 U.S.C. § 522(d)(11)(D) $27,900
Washington exemptions outside bankruptcy $20,000

Choosing the wrong exemption scheme, or filing in the wrong order, can cost an injured client the entire value of their claim. Getting it right requires an attorney who practices both disciplines. In Pierce County, that is a short list.

Washington Fault Rules Work in Your Favor

Washington is a pure comparative negligence state under RCW 4.22.005. Your own share of fault reduces your award proportionally — but it never bars recovery.

  • Found 20% at fault on a $100,000 claim? You recover $80,000.
  • Found 70% at fault? You still recover $30,000.

Insurance adjusters know this, which is exactly why the early phone call exists: every percentage point of blame they can attach to you is a percentage point off the check. Do not help them build that argument.

Washington also has no statutory cap on non-economic damages. In Sofie v. Fibreboard Corp., 112 Wn.2d 636 (1989), the Washington Supreme Court held that capping pain-and-suffering awards violates the constitutional right to a jury trial. Your suffering is valued by a jury, not by a legislative formula.

Cases We Handle

Motor Vehicle Collisions

Car, commercial truck, motorcycle, pedestrian, and bicycle claims throughout Washington State. Commercial trucking cases bring federal safety regulations, driver logs, and corporate defendants into play — a materially different case from a two-car fender bender.

Underinsured & Uninsured Motorist (UIM) Claims

Washington requires insurers to offer UIM coverage under RCW 48.22.030, covering hit-and-run drivers, phantom vehicles, and at-fault drivers whose policy limits fall short of your damages. This is a claim against your own insurer — and it is often where the real recovery lives when the other driver carries minimum limits.

PIP Benefits

Personal Injury Protection must be offered on every Washington auto policy under RCW 48.22.085 unless you rejected it in writing. Minimum PIP pays medical and hospital benefits, funeral expenses, and income continuation regardless of who caused the crash. Many injured people never learn they had it.

Premises Liability

Slip, trip, and fall injuries caused by unsafe property conditions — unlit stairwells, untreated ice, unmarked hazards, negligent security. These cases turn on notice: what the owner knew, and when.

Dog Bites

Washington imposes strict liability on dog owners under RCW 16.08.040. The owner is liable whether or not the dog had ever bitten before and whether or not the owner knew it was dangerous. Prior viciousness is not an element you have to prove.

Wrongful Death & Survival Actions

Washington’s wrongful death statutes were significantly expanded by SSB 5163, effective July 28, 2019. Under RCW 4.20.020, a spouse, registered domestic partner, and children have first priority. Where there are none, parents and siblings may now recover regardless of financial dependence on the decedent and regardless of whether they reside in the United States — both prior barriers were removed. Under RCW 4.20.046, the estate may also recover the decedent’s own economic losses and their pain, anxiety, emotional distress, and humiliation.

We handle these cases with the discretion they require.

What Your Claim Is Actually Worth

Compensation falls into three categories. Most self-represented claimants document the first, underestimate the second, and never claim the third.

Category What It Covers
Economic damages Medical treatment (past and future), lost wages, diminished earning capacity, property damage, prescriptions, mileage to appointments, household help you had to hire.
Non-economic damages Pain, suffering, emotional distress, disfigurement, loss of enjoyment of life, loss of consortium. No cap in Washington.
Punitive damages Washington does not permit punitive damages in most cases — a point of law where out-of-state expectations often need resetting.

The number an adjuster offers in week two is calibrated to what you know in week two. It is almost never calibrated to what your injury will cost over the next three years.

Deadlines That End Claims

Claim Type Deadline Authority
Most personal injury claims 3 years from the injury RCW 4.16.080(2)
Medical malpractice 3 years from the act, or 1 year from discovery — whichever is later, with an 8-year outer limit RCW 4.16.350
Claims against a city, county, or the State Standard tort claim form must be presented first, then a mandatory 60-day wait before filing suit RCW 4.96.020 / RCW 4.92.110

Deadlines are jurisdictional. A court has no discretion to forgive a late filing, no matter how strong the underlying case.

How We Work a Case

Step What Happens
1. Free case review We listen to what happened, identify every available coverage layer — liability, UIM, PIP, umbrella — and tell you plainly whether you need a lawyer. Sometimes you do not.
2. Investigation & evidence preservation Police reports, scene documentation, witness statements, medical records, and preservation letters sent before evidence disappears.
3. Medical documentation We do not negotiate until your treatment picture is clear. Settling before maximum medical improvement is the most common and most expensive mistake injured people make.
4. Demand & negotiation A documented demand package built on evidence, not adjectives. All insurer contact routes through this office.
5. Litigation when required If the offer does not reflect the file, we file suit. Most cases resolve; some need a courtroom.
6. Liens, allocation & closeout Lien audits under RCW 60.44, settlement allocation reviewed against IRC § 104(a)(2), and a clear accounting of what reaches you.

Serving Injured Clients Throughout Washington State

Our Tacoma office represents injured clients across Washington State.

City injury guides:

We also serve University Place, Gig Harbor, Bellevue, Tumwater, Yelm, and communities throughout the state. View all communities we serve.

Related practice areas: Bankruptcy & Debt Relief · Tax Resolution & IRS Disputes · Probate & Trust Administration

Frequently Asked Questions

Do I actually need a lawyer for a minor accident?

Sometimes you do not, and we will tell you that. If your injuries resolved in a couple of weeks, liability is undisputed, and the offer covers your bills, you may be fine on your own. Call us anyway — a fifteen-minute conversation costs nothing and tells you which situation you are in.

Should I give the other driver’s insurance company a recorded statement?

No. You have a duty to cooperate with your own insurer. You have no such obligation to the at-fault party’s insurer. Recorded statements are taken early precisely because your injuries are not yet fully diagnosed, and casual phrasing gets used later.

Can I still recover if the accident was partly my fault?

Yes. Washington’s pure comparative negligence rule under RCW 4.22.005 reduces your award by your percentage of fault but never eliminates it. Even a claimant found mostly at fault retains a proportional recovery.

How long will my case take?

Straightforward claims with completed treatment often resolve in a few months. Serious injuries, disputed liability, or litigation can run one to two years. We do not rush you to settle before your medical picture is stable — that is a decision that cannot be undone.

Will I have to go to court?

Most cases settle. We prepare every file as though it will be tried, because that preparation is what produces a serious offer.

Is my settlement taxable?

Generally, compensation for personal physical injury is excluded from gross income under IRC § 104(a)(2). Punitive damages and interest are taxable. Emotional distress not stemming from physical injury is taxable. Because how a settlement is allocated drives the answer, it should be structured during negotiation. This is ordinary work for a tax attorney and frequently overlooked elsewhere.

I am considering bankruptcy and I have an injury claim. What should I do?

Talk to us before you file anything. The order of operations and the exemption scheme you elect can determine whether you keep your recovery or lose it to the estate. Washington’s unlimited bankruptcy exemption for personal injury proceeds under RCW 6.15.010(1)(d)(viii) is a significant advantage — but only if it is claimed correctly on Schedule C.

What does it cost to talk to you?

The initial case review is free. Fee arrangements are explained in writing before you retain the firm, and you will never be surprised by them.