Blog

February 15, 2023

Have you been injured due to someone else’s negligence in Washington State? If so, you may be eligible to receive financial compensation for your medical bills and other losses/damages resulting from your accident.

You can seek the compensation you may deserve by determining who caused the accident and filing a claim with their insurance company or suing them in court. However, it’s essential to understand that Washington State has a “comparative negligence” or “contributory fault” law. This law could affect how much compensation you’re eligible to receive if your negligence affected personal injury.

What is Comparative Negligence in Washington?

Comparative negligence is a legal doctrine that applies in some personal injury cases. Its purpose is to determine the degree of fault of each party involved.

Under comparative negligence, each party’s degree of fault is assigned a percentage, and damages are awarded based on each party’s percentage of fault. In other words, if a plaintiff is found to be partially at fault for their injuries, their damages award will be reduced by their percentage of fault.

How Comparative Negligence May Impact a Personal Injury Case

Washington’s comparative negligence law can have a significant impact on the outcome of a personal injury case. For example, maybe you would have been eligible to receive a maximum of $20,000 if it was determined that the negligent party who caused your accident was 100% responsible.

However, it might be determined that you were 10% to blame for your injuries. If so, the maximum compensation you could receive would be $18,000.

How to Handle Comparative Negligence in a Personal Injury Case

If you are involved in a personal injury case in Washington State, it is essential to work with an experienced attorney who understands the state’s comparative negligence law. Your attorney can help you build a strong case that addresses all of the factors that may impact your damages award, including your degree of fault, the defendant’s degree of fault, and any other factors that may be relevant to the case.

All parties involved in such a case should, of course, strive to ensure that fault is assigned accurately and fairly. However, for a variety of reasons, it may sometimes be the case that a plaintiff is assigned a degree of fault that’s greater than the actual percentage of blame they share for an accident occurring. Having proper representation can help you guard against this happening to you.

Contact a Washington State Personal Injury Attorney

Washington State’s comparative negligence law could affect the outcome of a personal injury case. If you are involved in a personal injury case in Washington State, it is essential to work with an experienced attorney who can help you navigate the state’s comparative negligence law and build a strong case that protects your rights and interests.

Snohomish County injury attorney Kelby Derenick thoroughly understands how Washington’s comparative fault law can complicate a case like yours. He’s prepared to offer the representation you deserve in these circumstances. For more information, contact the office online or call (360) 965-8251 to schedule a free consultation.