In Washington, personal injury claims allow those who are harmed by someone else’s actions to seek compensation for losses tied to their injuries. Although there isn’t one single “personal injury law” in the state, several laws govern how personal injury cases are handled and what a victim can expect throughout the process.
Negligence in Washington
Negligence, or failing to act with reasonable care, is a primary factor in most personal injury claims in Washington. For victims, establishing negligence involves proving four foundational elements:
- Duty of Care: Victims must show that the defendant had a legal duty to act with caution to prevent harm. For example, drivers have a duty to obey traffic laws to keep others safe, while property owners have a duty to maintain reasonably safe premises.
- Breach of Duty: Victims must then demonstrate that the defendant failed to uphold this duty to the degree that a reasonable person in his or her circumstances would have. Some examples of breach of duty include a driver running a red light or a store owner ignoring a spill.
- Causation: The victim must then link the defendant’s breach directly to their injury. It must be demonstrated that, if not for the defendant’s actions, the injury would not have occurred. Causation is frequently disputed, as defendants generally argue that external factors, not their conduct, caused the harm.
- Damages: Finally, victims must prove their losses, such as medical bills, lost wages, and emotional suffering. Without demonstrable damages, even a proven breach of duty will not lead to compensation.
Common Examples
- Car Accidents: When a driver violates traffic laws, like texting while driving, and causes an accident, they breach their duty to drive safely. Claims for medical expenses, lost income, and more can follow.
- Slip-and-Fall Incidents: Property owners are required to identify and address hazards. If a store owner fails to put up a sign bringing attention to a spill, and a customer slips and suffers an injury , the store owner could be liable for medical costs and other losses.
Comparative Negligence in Washington State
Washington follows a “pure comparative negligence” rule, allowing victims to recover compensation even if they are partially at fault. Under this rule, a victim’s compensation is reduced by their share of fault. For example, if awarded $100,000 but found 60% responsible, the victim would receive $40,000. This rule differs from the rule followed in “modified comparative negligence” states, where recovery is often barred if the claimant is more than 50% at fault. In states that follow modified comparative negligence, the victim in the previous example would receive no compensation for their damages.
Examples of Comparative Negligence in Action
- Bicycle Accidents: If a bicyclist is hit by a vehicle after failing to stop at a red light, and the driver was also speeding, both parties could be found partially responsible. The bicyclist can still seek damages, but any compensation would be reduced based on their portion of fault.
- Dog Bites: If a person is bitten by a dog after attempting to pet it, despite a visible “Do Not Pet” sign, the dog owner might argue the victim contributed to the incident. If the court agrees, the victim’s compensation could be reduced by their level of responsibility based on them ignoring the warning.
For injury victims, Washington’s “pure comparative negligence” rule means that even partial fault won’t bar recovery, allowing victims to pursue compensation based on their actual responsibility in the incident.
Statute of Limitations for Personal Injury Claims
In Washington, personal injury claims generally must be filed within three years of the injury date. Most cases involving negligence-related injuries will have this personal injury statute of limitations deadline. A missed deadline typically results in losing the right to seek compensation.
Exceptions
- Minors: The three-year period begins when the injured individual turns 18, allowing additional time for young victims.
- Government Entities: Cases involving government agencies often have shorter deadlines and require formal notice before filing.
- Discovery Rule: If an injury or its cause isn’t immediately apparent, the statute of limitations may start from the date the injury is discovered (or reasonably should have been discovered). This rule commonly applies in cases like medical malpractice or exposure to harmful substances, where the harm may not be immediately evident.
Taking Action Soon After an Injury
Taking legal action promptly after suffering a personal injury isn’t just about complying with relevant statutes of limitations. It also allows victims to preserve vital pieces of evidence and secure witness statements. Delays can weaken your case as evidence may deteriorate and witnesses’ recollections may fade. Acting quickly also ensures your injuries and damages are documented accurately, improving your chances of a favorable outcome.
Types of Damages Available in Washington Personal Injury Cases
Washington personal injury victims can seek economic and non-economic damages to cover financial losses and the personal impact of their injuries.
Economic Damages
Cover measurable costs, including:
- Medical Bills: Hospital stays, surgeries, medications, and ongoing care.
- Lost Wages and Future Earnings: Compensation for lost income and, in severe cases, loss of future earning capacity.
- Other Measurable Expenses: Out-of-pocket costs like transportation for medical appointments or necessary home modifications.
Non-Economic Damages
Address intangible losses, such as:
- Pain and Suffering: Physical pain and ongoing discomfort.
- Emotional Distress: Psychological effects like anxiety or PTSD.
- Loss of Enjoyment of Life: Compensation if injuries prevent the victim from enjoying prior activities.
How Damages Are Calculated
Washington courts consider documented evidence, expert testimony, and the injury’s impact on daily life when assessing damages. Unlike in some states, there is no cap on non-economic damages, allowing victims to seek compensation that reflects their full hardship.
Washington’s No Cap on Damages Policy
Washington does not cap damages in personal injury cases, allowing victims to pursue full compensation for economic and non-economic losses, regardless of the amount. This policy is particularly beneficial for victims with catastrophic injuries, as they can seek damages that cover long-term medical costs, lost future income, and emotional suffering without facing a legal limit.
Impact on Severe Injury Cases
For life-changing injuries, such as spinal cord damage or traumatic brain injuries, the absence of a cap means that victims can recover amounts that accurately reflect their lifetime needs and quality-of-life impacts. Courts can consider substantial medical expenses and non-economic losses, providing victims with the financial support they require.
Exceptions
While Washington allows full recovery for compensatory damages, punitive damages—which punish, rather than compensate—are not permitted in personal injury cases.
Insurance Requirements and the Role of Insurance in Personal Injury Cases
Washington state law requires all drivers to carry minimum liability insurance to cover damages if they cause an accident:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $10,000 for property damage
Minimums may not fully cover damages in severe cases, leaving victims to seek additional avenues of compensation.
Liability Coverage and Claim Limits
The at-fault party’s liability insurance is the primary source of compensation for injury victims, covering medical bills, lost wages, and other damages up to the policy limit. However, insurers often seek to reduce payouts, which makes working with an attorney advisable.
Uninsured and Underinsured Motorist (UM/UIM) Coverage
When an at-fault party lacks adequate insurance, UM and UIM coverage can help fill the gap. While optional in Washington, UM covers damages when the at-fault party is uninsured, and UIM applies when the at-fault driver’s coverage is insufficient. In cases involving severe injuries, these options provide additional protection, enabling victims to seek compensation from their own insurance policies.
Washington’s Wrongful Death Laws
Washington’s wrongful death laws allow certain family members to pursue a legal claim when a loved one dies as a result of another party’s negligent or wrongful actions. Wrongful death laws provide a way for families to seek compensation for both financial and emotional losses resulting from the untimely death. Wrongful death claims generally differ from personal injury claims because they address losses suffered by the deceased’s surviving relatives, rather than the injuries of the deceased themselves. One exception to this is survival actions, which may cover losses suffered by the deceased prior to their passing.
Who Can File a Wrongful Death Claim in Washington?
Under Washington law, the right to file a wrongful death claim is generally limited to specific family members, with priority given as follows:
- Spouse or Registered Domestic Partner: The deceased’s spouse or registered domestic partner can file a claim seeking compensation for their losses.
- Children or Stepchildren: If the deceased had children or stepchildren, they are also eligible to bring a claim.
- Parents or Siblings: If the deceased did not have a spouse, domestic partner, or children, the deceased’s parents or siblings may have the right to file a claim, particularly if they were financially dependent on the deceased.
Damages Available in Wrongful Death Cases
Damages in wrongful death cases cover both tangible financial losses and intangible, emotional impacts on the surviving family members. The damages available often include:
- Medical Expenses and Funeral Costs: Families may recover expenses associated with the deceased’s medical treatment leading up to death, as well as funeral and burial costs.
- Lost Financial Support: Surviving family members can seek compensation for the income the deceased would have provided, including anticipated future earnings. This is especially significant for families who relied on the deceased’s income for their financial security.
- Loss of Companionship and Emotional Support: Washington law allows families to recover damages for the loss of companionship, love, and guidance provided by the deceased. This non-economic component reflects the emotional and relational toll on family members after losing a loved one.
Special Considerations for Common Personal Injury Cases
Different types of personal injury cases have unique legal requirements in Washington. Here’s an overview of key considerations for some of the most common cases:
- Car Accidents: Washington follows an “at-fault” system, making the responsible driver liable for damages. Victims can seek compensation from the at-fault driver’s insurance, covering medical expenses and other losses. Drivers must report accidents involving injury or major property damage, and Washington’s comparative negligence rule may adjust compensation if both parties share fault.
- Premises Liability (Slip-and-Fall): Property owners must keep premises reasonably safe for visitors. Victims must show that the owner knew or should have known about a hazard, like a spill, and failed to fix it. Evidence, such as photos of the hazard, can help establish negligence in these cases.
- Product Liability: In Washington, product liability cases operate under strict liability. This means that if a defect in design, manufacturing, or warning causes injury, the manufacturer or seller is liable, even without proof of negligence. Allows victims to focus on showing that the defect directly caused their injury.
- Medical Malpractice: Medical malpractice cases require proving that a healthcare provider’s actions deviated from accepted medical standards. Expert testimony often is needed in these cases to define the standard of care. Additional procedural requirements, such as mandatory notice periods, make legal guidance important in malpractice cases.
- Dog Bites: In Washington, dog owners are held strictly liable for injuries caused by their dog biting another person. According to RCW 16.08.040, if a dog bites someone in a public place or while lawfully on private property, the owner is responsible for the resulting damages, regardless of the dog’s previous behavior or the owner’s knowledge of aggression.
This strict liability rule means that victims do not need to prove the owner was negligent; they only need to show that the bite occurred under qualifying circumstances. Damages for dog bite injuries can include medical expenses, lost wages, and compensation for pain and suffering. The statute does not apply to police dogs.
Steps to Take After a Personal Injury in Washington
The actions you take immediately after suffering an injury create critical records, preserve evidence, and prevent common issues that could reduce your compensation. Take these steps as soon as possible after your injury.
- Report the Accident: Reporting creates an official record that can support a claim:
- Car Accidents: Washington requires drivers to report accidents with injury or significant damage to law enforcement.
- Premises Accidents: Notify the property owner or manager to make sure the incident is documented by filing an incident report in a store.
- Seek Immediate Medical Treatment: Immediate medical care not only aids recovery but also establishes a record of injuries. Follow-up care supports your claim by showing a consistent medical history that documents the injury’s impact.
- Document Evidence: Gather information to support your claim:
- Photos and Videos: Capture the scene, injuries, and any hazards.
- Witness Contacts: Collect names and contact details of witnesses.
- Medical Records and Receipts: Keep documentation of medical expenses and out-of-pocket costs related to the injury.
- Contact an Attorney: Working with an attorney can help you in dealing with Washington’s many legal requirements, any insurance negotiations, and filing deadlines.
Attorney Guidance with Washington State Personal Injury Laws
Washington’s personal injury laws allow injury victims to seek compensation for a wide range of injuries and losses, but the process can be complex. Each case hinges on specific factors, from proving negligence to dealing with insurance laws and companies and filing within strict deadlines. Working with an attorney familiar with Washington’s laws can help victims maximize compensation by handling challenges like minimizing insurance pushback and meeting key deadlines, so they can focus on recovery.
References and Additional Reading
https://app.leg.wa.gov/RCW/default.aspx?cite=4.16.080
https://app.leg.wa.gov/RCW/default.aspx?cite=46.29.260
https://app.leg.wa.gov/rcw/default.aspx?cite=16.08.040
https://app.leg.wa.gov/RCW/default.aspx?cite=4.16.350
https://app.leg.wa.gov/RCW/default.aspx?cite=7.72.060
https://apps.leg.wa.gov/rcw/default.aspx?cite=4.22&full=true