A recent accident is stressful enough without adding the confusion of the legal system to the mix. For instance, if you were hurt in Washington state, you might worry that being partly at fault means you can’t seek compensation. However, under Washington’s comparative negligence law, you could still recover damages.
What does comparative negligence mean?
Comparative negligence laws allow you to recover damages even if your own actions contributed to the accident or your injuries.
In a comparative negligence system, the court looks at everyone involved and assigns a percentage of blame. This percentage directly affects how much money you can receive for your injuries. The law diminishes proportionately the amount you receive. So, for example, if your total damages (medical bills, lost wages, etc.) are $10,000, you could receive $7,000 from the other party (70% of the total) if the courts assigned you 30% of the blame.
The law recognizes that accidents often involve multiple parties and that it’s unfair to bar someone from seeking compensation simply because they also made a mistake.
How is fault determined?
Deciding who is at fault in a personal injury claim and by how much can be complicated. Insurance companies and attorneys look at the details of the accident. Here’s a basic overview of how they determine fault:
- Evidence collection: It is crucial to collect all relevant information from the scene. Police reports, photographs, medical records and device data can all provide vital insights.
- Witness testimony: People who saw the accident happen can provide eyewitness accounts, challenging or validating the statements from the people involved.
- Crash analysis: Professionals can reconstruct the accident scene to scrutinize the causes and extent of damage in a collision.
Hiring an attorney can be extremely helpful during this process. Personal injury lawyers have the time, resources and energy to gather evidence and negotiate with insurance companies so you can focus your own time, resources and energy on recovering.
Don’t give up
If you’ve been in an accident in Washington state, don’t assume you can’t seek compensation just because you might share some blame. Instead, you can talk to an attorney who can help you build your case and make informed decisions.