As Washington personal injury attorneys, we see firsthand just how frustrating the process can be when someone is injured by no fault of their own. Being mindful of your surroundings and making good decisions requires effort and focus. It is how most of us were raised and it is how we teach our children. But not everyone in life has received the same lessons and sometimes a poor choice by someone else can lead to a tragic outcome for you, a family member, or a friend.
No one expects to be injured, yet accidents happen every day. When they do, understanding how fault impacts your case is critical to your financial recovery. Washington law has specific rules regarding fault in personal injury claims, and these rules play a significant role in determining the compensation you might receive. Insurance companies place a lot of stock in weighing who is at fault in any given claim and so should you.
Whether you’ve been hurt in a car accident, slipped on an unsafe surface, or have another personal injury claim, fault can shape the outcome of your claim. At NG Law Firm, we provide effective legal counsel to our clients through every step, ensuring they understand their rights and what to expect.
Determining Fault in Washington Personal Injury Cases
Determining fault in a personal injury case involves carefully examining the facts and evidence surrounding the incident. Many may believe that once a fault determination is made by law enforcement or other type of investigation, that this is the end of the story; but it’s not. This is why having a good attorney, who reviews the work of those investigating the accident is important. An attorney can ask important follow-up questions of investigators or hire experts to review their work to help do a deep dive into your case.
In Washington, fault can be assigned to one or more parties based on their role in causing the injury. This process begins with gathering and analyzing key evidence, such as visiting the scene, reviewing police reports, medical records, witness statements, any available video footage from security cameras or dashcams, and your own recollection. Each piece of evidence helps paint a picture of what happened and who should be held accountable.
In some cases, expert analysis may be required. For example, accident reconstruction specialists can assess factors like vehicle damage, skid marks on the road, or environmental conditions to determine how a collision occurred. Safety inspectors or medical experts may provide insights into whether a hazardous condition or defective product contributed to the injury.
Once fault is established, it influences not only who is held responsible but also how damages are distributed. Washington follows a “comparative negligence” system, which allows injured parties to recover compensation even if they share some responsibility for the incident.
How Comparative Negligence Impacts Personal Injury Compensation
Washington’s comparative negligence system means that fault is shared when multiple parties are involved in an incident and more than one party’s decision-making impacted the incident in question. If you’re injured, the court or insurance adjusters will evaluate all available evidence to assign a percentage of fault to each party. Even if you bear partial responsibility, you can still recover damages. However, your compensation will be reduced by the percentage of your fault.
For example, if you are found to be 20% at fault in a car accident and your damages total $100,000, you would receive $80,000 (before certain legal fees and other adjustments are taken into account). This system makes it essential to gather as much evidence as possible to minimize the percentage of fault attributed to you.
Let Us Focus on Financial Recovery While You Focus on Physical Recovery
Recovering from an injury on your own can feel overwhelming, especially when you’re facing medical bills and lost wages and trying to recover all at the same time.. At NG Law Firm, we understand the challenges you’re dealing with, and our team is here to help. While you concentrate on healing, we’ll take care of managing the legal process, building your case, and pursuing the compensation you deserve. Contact NG Law Firm today to learn how we can help you move forward with confidence.
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