What is pure comparative negligence in Washington State? Based on pure comparative negligence, you can get money in a personal injury lawsuit if you are 1-99% at fault.
Talk with a Seattle personal injury lawyer if you are considering filing a claim. Your attorney can provide insights into comparative negligence and other legal topics relating to your case.
Pure Comparative Negligence in Washington State Can Affect the Damages You Get in a Personal Injury Lawsuit
Washington State follows contributory fault in a personal injury lawsuit. With this, blame may be assigned proportionally among those involved. Thus, a judge or jury may find a party is eligible for partial damages based on their percentage of fault.
In Washington, you may be primarily liable for your injuries and still get money from other parties who contributed to your losses. With help from a personal injury attorney, you may prove that you deserve compensation. Ideally, your lawyer will show that other parties should be held fully accountable for your losses.
The Siegfried & Jensen team has recovered over $1.2 billion in compensation for our clients. We offer FAQs relating to pure comparative negligence in the state of Washington. If you want to file a personal injury lawsuit, we can help. Contact us today for more information.
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Pure Comparative Negligence Means You Can Share the Blame for a Car Accident with Someone Else
To understand pure comparative negligence in Washington State, consider an example. As a driver in Washington, you carry mandatory insurance. One day, a driver slams their car into yours. Unfortunately, your insurance may not protect you financially. You file a lawsuit, and the court rules you are 20% liable. Thus, you get 80% of the damages you requested.
In this example, it may be beneficial to have a Seattle car accident lawyer on your side. Your attorney may use accident scene photos, witness statements, a police report, and other evidence to strengthen your case. If you have an abundance of proof, it becomes difficult for the other driver to claim you are in any way at fault for the accident.
Of course, in an auto accident case, a liable party or their insurance company may do everything within their power to prove that you should be held responsible for all of your losses. With your lawyer’s help, you are well-equipped to contest the argument against you.
Contributory Fault in Washington Is Not the Same Thing as Modified Comparative Negligence
Whereas pure comparative negligence is in effect in Washington, some states follow modified comparative fault. In these states, a party may recover damages if they are less than 50% liable for their losses. Otherwise, if they are more at fault than anyone else, they may be ineligible for damages.
Look at how a motorcycle accident case may be treated in Washington and elsewhere. If a rider is found to be 51% at fault for a motorcycle accident in Washington, they may recover 49% of the damages they initially sought as part of a lawsuit. Alternatively, in a state that follows modified comparative negligence, this rider would not be able to get compensation.
Seek legal help if you have been injured in a motorcycle crash in Washington State. A Seattle motorcycle accident lawyer will learn about your accident. Even if you are partly to blame, your attorney may advise you to proceed with a lawsuit.
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Pure Comparative Negligence May Impact How Your Damages Are Calculated
With Washington’s pure comparative negligence statute, a court may award a fraction of the damages you want. An experienced personal injury lawyer accounts for this statute as they craft your argument. They want you to pursue damages for myriad reasons, such as:
- Pain and suffering
- Medical bills
- Lost wages
- Loss of enjoyment of life
- Loss of consortium
Your lawyer wants you to be compensated for your quantifiable and subjective losses. They argue that you deserve money based on the harm you have suffered. If the other party involved in your case or their insurer has concerns about their argument, they may be inclined to offer a fair settlement, regardless of your percentage of fault.
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Pure Comparative Negligence Can Have Far-Flung Effects on Settlement Negotiations
Settlement negotiations can help you resolve your personal injury case outside of the courtroom. Due to pure comparative negligence in Washington, you may be able to get adequate compensation through a settlement. This may be the case if an at-fault party wants to avoid going to trial.
Your lawyer can file a lawsuit after you get hurt due to someone else’s actions. They may prepare your case for trial. At the same time, they can engage in settlement negotiations on your behalf. These negotiations may allow you to settle your case before your trial gets underway.
Taking your case to trial does not guarantee you will get the compensation you want. If the defendant submits a settlement offer, you and your attorney should consider it. This proposal may give you enough money to cover your losses. By accepting the proposal, you eliminate the risk of receiving no compensation if a judge or jury rules against you in a trial.
Pure Comparative Negligence Does Not Matter If You are Completely Responsible for Your Injuries
Trust a personal injury lawyer who knows the ins and outs of the legal system to help you with your case. Your attorney focuses on the elements of negligence. They want to make it clear to a judge or jury that the following elements were present when you were injured:
- Duty of Care: This is a legal obligation to avoid an act that most people would consider careless or reckless.
- Breach of Duty of Care: A party violates their duty of care when they commit an act that puts people in danger.
- Causation: Because a party breached their duty of care, you suffered injuries.
- Damages: You are dealing with losses since a party violated their duty of care and caused your injuries.
Your lawyer wants the court to see that you are in no way responsible for your injuries. If they succeed, a judge or jury will award you damages that meet your expectations. On the other hand, if the court finds the defendant is not responsible for your injuries, you will have to take accountability for all of your losses.
Speak with a Personal Injury Lawyer About Pure Comparative Negligence in Washington State
At Siegfried & Jensen, we want you to make informed decisions at each stage of the legal process. We can teach you about pure comparative negligence in Washington State and how it applies to your personal injury case. Request a free case consultation with us to find out more.
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