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How Does Comparative Negligence Work in Washington State?

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If you have been injured in an accident and are interested in filing a personal injury lawsuit to recover financial damages with help from a Spokane personal injury lawyer, it is important for you to understand how comparative negligence works in Washington State and how it could impact your case.

We invite you to schedule a free consultation with a Spokane personal injury lawyer at Craig Swapp & Associates to discuss the details of your case in person. In the meantime, it helps to gain an understanding of negligence and how it can influence your ability to recover financial damages.

Comparative Fault in Washington State

Each state has its own laws regarding negligence. In Washington, RCW 4.22.005 states that contributory fault applies. This means that both parties involved in an accident may be found responsible for what happened. Whether there were only two people involved or five, a percentage of fault may be assigned to each party involved.

For example, if you were in a car accident, the driver who hit you could be responsible for the crash. However, if you were speeding, you could also be partially to blame.

In another example, you could have been injured on someone’s property after falling down a stairwell that was in disrepair. But if you were running down the stairs, you could be partially responsible for your fall and the resulting injuries.

How Partial Fault Influences Your Compensation

At trial, the jury will determine the percentage of fault assigned to each party and apply those percentages to the total financial compensation awarded. For example, if a jury values your claim at $50,000 and finds that you were 10 percent at fault, you would receive only $45,000. If they found you to be 40 percent at fault, you would recover $30,000.

Comparative negligence does not bar you from recovering financial damages, but someone else does need to be more at fault than you are.

Proving Negligence

Your attorney’s job is to reduce the amount of fault assigned to you. We do this by gathering evidence that can be used to demonstrate how the other party was negligent and therefore responsible for your accident and injuries.

Your Spokane personal injury lawyer will work diligently to prove that you had very little to do with the accident, which allows you to receive the most compensation possible. To prove negligence, we will review all available evidence:

Accident reports
Video footage and photographs
Witness statements
Expert testimony

Simultaneously, the other side will be working to do the exact opposite. It is in the insurance company’s interest to prove that you are at least partially to blame so that they can reduce your compensation. You need an attorney on your side to keep things on equal legal footing.

Consult a Spokane Personal Injury Lawyer

Schedule a consultation with a qualified Spokane personal injury lawyer at Craig Swapp & Associates so you can learn more about comparative negligence and how it might apply to your case.

We’ll provide you with a free case evaluation and give you an honest opinion of whether you have grounds for a claim and what it might be worth. To schedule yours, complete the convenient contact form below or call 1-800-404-9000.

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Client Reviews

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Before calling your firm I had 2 big worries. One was I didn’t want to do more paper work, and that fear was resolved when I had to do very little, but Craig Swapp and Assoc. did most of it, and when I did have to come in to sign papers they worked around the times I could do it. Worry 2 was I didn’t want people to think I was “sue happy” and that I was just out to get money. I just wanted my bills to be paid for that were from the accident, and that was resolved I think by Mr. Wes Mortenson and Theresa because they listened to what I had to say.

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Spokane, WA

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My biggest fear was not having all the expenses caused by the accident paid for in full. I was assured they would be taken care of but I admit I was skeptical. When we wrapped everything up (which happened quicker than I was originally told) I had extra money in my pocket. I honestly thought there was a catch but my attorney explained everything to me in detail. If I am ever in that position again I’ll be giving Craig Swapp a call.

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Spokane, WA

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I was afraid of the fees I would have to pay a lawyer. I waited over a year before hiring your law firm. I finally reached out to your online help where they were able to help me understand the process and what would happen. In all honesty I absolutely loved working with the individuals that were involved in my case. They were genuine & heartfelt about my case. It felt as though they really cared and were concerned about me, not just as a client but as a person.

Lacey B.,

Salt Lake City, UT

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I was afraid that my issue was too small to be handled, and that it would just be rejected. Or that I’d end up having to pay for my medical expenses and any of your teams expenses. I would definitely answer yes, it was resolved! I wasn’t ever made out to feel like my little issue didn’t matter, and my expenses were paid for- just what I wanted/needed.

J. Rohas,

Caldwell, ID

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My biggest fear was that it would be pointless to pursue legal action in my case. I felt like maybe I didn’t have much of a case. After speaking with Paul, I realize it was not of my own fault and that others can be held responsible for the pain and suffering I went through.

Dollie J.,

West Jordan, UT

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