Determining Fault in WA State

Personal Injury Cases: Determining Fault in Washington State

In injury cases, determining fault is the first critical step. Insurance companies initially assess who is responsible for the accident when a claim is filed. If the case is brought to trial, a jury will be assigned the task of determining fault. In some cases, the injured party will be assigned a certain degree of fault, affecting the outcome.

Washington Operates Under a Fault-Based System

Washington State operates under a fault-based system for accident and insurance laws, which means the injured party has the option to file an injury claim with the at-fault driver’s insurance company.

What Does No Fault State Mean?

Washington is not a no-fault state for car accidents or other types of personal injury claims. States that operate under that system require drivers to file claims with their own insurance company for bodily injury after an accident, regardless of who is at fault.

Washington Is a Comparative Fault State

In addition, Washington State is a comparative fault state, which means that fault can be shared in a personal injury case. Damages are awarded based on contributory fault law, which says that you may only be awarded damages proportional to the percentage of fault contributed by the defendant and nothing for the amount of fault that you contributed.

Specifically, Washington follows the Pure Comparative Fault Rule (also called the pure comparative negligence theory), which allows the injured party to recover even if they are 99 percent at fault but where the court or adjuster will diminish the award in proportion to the degree of fault of the injured party. In other words, the recovery is reduced by the injured party’s degree of fault. For example, if damages are calculated at $1 million, but the plaintiff is 30 percent responsible for the accident, they are only entitled to recover $700,000.

Washington also follows the theory of Joint and Several Liability. This means that each defendant is liable for their own share of the monetary award unless the plaintiff is not at fault at all, in which case each defendant will share in the responsibility of all liable defendants.

Washington State Personal Injury Claims: No Injury Threshold and No Caps on Damages

Washington State Serious Injury Threshold

Washington State has no serious injury threshold, which means that insurance companies pay for an injury based on the claimant’s degree of fault in the accident, rather than the severity of the injury.

Caps on Personal Injury Awards in Washington State

Washington State applies no cap on personal injury damages despite efforts by the insurance industry. A statutory cap on non-economic damages has been deemed an unconstitutional infringement of the right to a trial by jury by the Supreme Court of Washington making Washington a fair state for personal injury claims.

Although there are generally no limitations on damages received to compensate for personal injuries such as reimbursement for medical expenses and lost wages, some limitations exist in certain situations. The plaintiff’s estimation of damages must be reasonably certain, especially for those damages projected for the future, such as future medical expenses or future lost wages.

How to Prove Liability in Personal Injury Case

Determining fault means assigning liability for injuries and damage caused by an accident. This determination is vital to the outcome of your personal injury case. Accident fault determination rules are straightforward but that doesn’t mean it’s easy to determine liability in every case.

The plaintiff must prove four points to show liability in a personal injury case:

1. A legal duty of care was owed

In tort law, a duty of care is a legal obligation placed on an individual, business, or organization that requires them to act with a standard of reasonable care while conducting any action that could foreseeably harm others. It is the first element that must be established in order to proceed with an action in negligence. For example:

• When driving a car, a driver owes a legal duty of care to everyone else on the road. They must operate their vehicle in accordance with traffic laws and in a way any other reasonable driver would have acted under similar circumstances.
• When inviting guests to their homes, social hosts have a legal duty of care to their guests. They must clear dangers such as potholes that guests could slip and fall over (or have them clearly marked) and refrain from serving alcohol to minors.
• When selling products to the public, a designer, manufacturer, or retailer owes a legal duty of care to the end user. The product must be safe to use when used in accordance with the manufacturer’s instructions for its intended purpose.
• When a doctor provides medical treatment, they owe a legal duty of care to their patient. They must act in accordance with established medical standards and in a way that a qualified peer would act under similar circumstances.

2. Breach of duty (negligence)

The plaintiff must prove that the person who caused the accident (defendant) breached their legal duty of care. The “reasonable person standard” is used to compare the actions of the defendant to what a reasonable driver, manufacturer, social host, or medical provider would have done in the same situation. If it is decided that a reasonable person would have acted differently or more carefully, then the defendant can be considered negligent and at least partially at fault for the accident/injuries. If the driver was also cited for a traffic violation in relation to the accident or if a medical provider received disciplinary action for the care they provided the injured party, those actions can help strengthen the case that duty was breached.

3. The breach of duty led to injuries

Proving negligence is not enough to make a person responsible for an accident or injuries. The connection must be made that the defendant’s negligence was the direct or proximate cause of the accident and therefore would not have happened without the breach.

4. The victim suffered damages

The main purpose of a personal injury case is for the injured party to recover damages they suffered as a result of the accident. A plaintiff must show that they suffered damages directly tied to the case such as medical expenses, pain and suffering, lost wages, etc.

Steps to take if you have suffered a personal injury in Washington State through no fault of your own:

• Seek appropriate medical care for any injuries, even if you are not severely injured
• Call your insurance company to report the accident
• Contact an experienced personal injury lawyer to discuss your legal rights
• Document all injuries and any damage to property (gather copies of accident reports, take pictures of injuries and the scene of the accident, keep medical receipts and invoices, keep notes of new symptoms, document time off from work, etc.)
• Get contact information from witnesses and gather their statements
• Do not post anything on social media related to the accident or any activities
• Do not admit fault
• Do not give any statements to anyone other than the police before speaking with a lawyer
• Do not sign any releases of liability or potential claims before speaking with a lawyer

Disclaimer: State and federal laws in the United States change on a regular basis. Any information provided in this guide is meant solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case and provide an effective plan for counsel.

Seek the Help of a Personal Injury Lawyer

If you or a loved one is dealing with an accident or injury caused by the negligence of another, you have enough on your plate. Let an experienced accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a personal injury lawyer. Call the competent Bellingham personal injury attorneys at Tario & Associates, P.S. today for a FREE consultation! We have been representing people injured in Whatcom County and surrounding areas since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!