Committed to helping you heal while we recover.

When negligence injures you: Seeking compensation in Washington

On Behalf of | Jul 4, 2024 | Firm News

Did you know that personal injuries account for more than 25 million emergency department visits in America each year.

Negligence plays a crucial role in the ability to receive compensation for your injuries. Understanding the nuances of negligence laws can put you on the right path to fair injury restitution.

Washington negligence laws

In Washington, negligence is the failure to exercise reasonable care in preventing another from suffering injury.

A simple example of negligence is a motorist driving while intoxicated and causing injury in an accident. In complex cases, however, there may be multiple negligent parties to locate. For instance, construction site injuries often involve several at-fault parties, such as defective equipment manufacturers or negligent contractors.

Contributory negligence

Washington follows a pure comparative negligence system. If you played a role in causing the incident that injured you, your award will be reduced by your percentage of fault. For example, if you are 30% responsible for a car accident, you can only claim 70% of the total damages you’d otherwise be able to claim.

Elements of a negligence claim

To establish negligence in the Evergreen State, you must prove five things:

  • The other party owed you a duty of care.
  • They breached that duty.
  • The breach actually caused your injuries.
  • The defendant knew or should have known their actions could cause injury.
  • You suffered actual damages (injuries) due to negligence.

Depending on your path to justice (lawsuit or insurance claim), the involved insurer, jury or judge will determine whether these elements are present.

Sufficient financial restitution is crucial to your recovery. If negligence caused your injuries, experienced legal guidance can improve your chances of obtaining fair compensation.