How Will Washington’s Comparative Fault Rules Affect My Negligence Claim?
Posted Friday, March 19, 2021 by Chris Thayer
Being involved in a vehicle collision can be a devastating and traumatic experience. Injuries sustained in a car accident can alter someone’s day-to-day life and their long-term career options. If you or a loved one has been injured in a Washington state vehicle collision, you may be feeling hopeless and overwhelmed by medical bills, vehicle repairs, rental car bills, and other expenses, in addition to trying to heal and move on with your life. This is why many victims of car accidents choose to bring a personal injury lawsuit.
*Damages Available in a Washington Personal Injury Lawsuit * A personal injury lawsuit aims to put the victim back in the position that they would have been in financially had the accident never occurred. This can mean compensation for all medical expenses paid as a result of the crash, as well as for future medical treatment, lost wages, lost earning potential, and more. While nothing can erase the emotional and physical damage that a car accident can cause, a personal injury lawyer can help you pursue compensation for the full amount of financial damage suffered. Seeking compensation for the non-economic damages of pain and suffering also allow you to penalize the offender for the pain their recklessness caused you. These damages can vary based on different factors, such as the degree of recklessness or malice on the part of the offender, as well as the degree of harm caused to the victim, how permanent it is, and how it will affect their life. There is no cap on these damages, and they can extend into the millions depending on the specific circumstances of the case.
*Washington State’s Comparative Fault Rule for Negligence * In Washington state, negligence is assessed using the comparative fault standard. This means that when making a determination of liability for the crash, the court will consider the fault of both parties. If the suing party is determined to have contributed a percentage of fault to causing the accident, the proportionate percentage will be deducted from their damages award.
For instance, let’s take a situation in which Driver A is driving drunk and blows through a stop sign while weaving around the road, ultimately hitting Driver B who came to a rolling stop at a stop sign. Driver B suffered serious injuries, including a broken collar bone. The jury may determine that Driver A was 90% at fault, and that Driver B’s failure to come to a complete stop made them 10% at fault. If the jury then awarded Driver B $100,000 in damages, Driver B would receive $90,000 ($100,000 - 10%).
An experienced Washington personal injury attorney will know to present the strongest possible version of your case, while also preparing for the defense to try and mitigate their own liability.
*Talk to an Experienced Washington Personal Injury Attorney * If you or someone you love has been injured in a Washington vehicle accident, Pivotal Law Group is ready to advocate on your behalf. Serving Seattle, Bellevue, Kent, Rento, Burien, Mercer Island, Issaquah, and all surrounding areas, our lawyers are prepared to help you navigate the legal process and get you the settlement that you deserve. Call today to schedule a consultation.