Not all personal injury claims are simple in terms of fault. Some cases divide responsibility or liability among multiple parties, including the injured accident victim. These cases involve Washington’s law of pure comparative negligence. If this legal doctrine is implicated in your personal injury case, it is wise to consult with an attorney for legal assistance.
What Is Washington’s Pure Comparative Negligence Law?
Comparative negligence is a legal doctrine that deals with liability and damages in a personal injury case, such as a car accident claim. In Washington, a pure comparative negligence law allows for the apportionment of fault between all parties involved in an accident. Each party is assigned a percentage of fault based on how much he or she contributed to the accident.
The Revised Code of Washington § 4.22.005 states:
- Effect of contributory fault.
- In an action based on fault seeking to recover damages for injury or death to person or harm to property, any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimant’s contributory fault, but does not bar recovery. This rule applies whether or not under prior law the claimant’s contributory fault constituted a defense or was disregarded under applicable legal doctrines, such as last clear chance.
If a case goes to trial in a Washington court, a judge or jury will assign each party a level of responsibility for the accident and injury. If the claimant (referred to as the plaintiff) is allocated a percentage of fault, he or she can still recover financial damages from the other at-fault parties. Any financial compensation awarded, however, will be reduced based on this percentage.
How Could Comparative Negligence Affect Your Claim?
Under Washington’s pure comparative negligence law, if you are apportioned a percentage of fault in a personal injury case, any financial compensation awarded to you from the defendant(s) will be reduced by an amount equivalent to your degree of fault.
If you are allocated 15 percent of the fault in a car accident case for speeding, for example, but the other driver is 85 percent at fault for failing to yield the right-of-way, you could still recover 85 percent of a settlement or judgment award. In this example, if your damages amount to $100,000, you would still recover $85,000.
The fact that Washington uses a “pure” comparative negligence law means that you can be allocated any percentage of fault – short of 100 percent – and still qualify for financial compensation. In states that use “modified” versions of this law, a plaintiff’s ability to recover is barred if he or she exceeds a certain percentage of fault (usually around 50 percent).
How to Prove Negligence in a Washington Personal Injury Claim
It is important to establish another person or party’s fault using clear and convincing evidence during a personal injury claim in Washington if you wish to maximize your financial recovery. Evidence such as eyewitness statements, expert testimony, photographs and videos, and medical records can help you establish the truth of your claim and recover full compensation from another party.
If an insurance company or the defendant in your case is attempting to blame you for an accident and apply the pure comparative negligence doctrine to diminish your payout, contact NW Injury Law Center for a free legal consultation. We can help you combat this defense as much as possible to optimize your financial recovery. Contact us at (360) 695-1624 to begin with a free consultation.