If you are injured as the result of someone else’s careless or negligent act(s), you are generally allowed to recover compensation. There are both formal and informal avenues to pursue damages. You can settle with the insurance company, or the responsible party informally, or you can file an action in the court system. It is always a good idea to obtain a lawyer’s opinion.
At-fault. Washington law follows the concept of comparative negligence. Comparative negligence is a legal theory that allows plaintiffs or claimants to recover in personal injury actions even if they are partially at fault. The negligence of the plaintiff will reduce any award of compensation. The burden of pleading and proving the plaintiff’s negligence is on the defendant, since the defendant seeks to reduce his/her damage payment. The “pure” aspect of the law in Washington means that there is no threshold of fault that a claimant or plaintiff has to be under to bring a claim. For example, a plaintiff can be 99 percent at fault for an accident and still recover 1 percent of his or her damages.
Other states use modified comparative fault systems where claimants or plaintiffs must be less than 51 percent or 50 percent at fault in order to collect any damages whatsoever.
If you have been in an accident in the state of Washington, it is important for you to contact an experienced personal injury lawyer to determine if you’re entitled to recovery. At Gig Harbor Law we have over 20 years’ experience representing injured individuals in a wide array of circumstances.
This Blog is made available by Gig Harbor Law for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and Gig Harbor Law. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.