Washington Negligence Laws
Negligence occurs when a reasonable amount of care is not exercised, resulting in injury to another person. A driver who fails to wear glasses and causes an accident, for example, could be found negligent and liable for the injuries sustained by other drivers. Most torts are founded on negligence, such as medical malpractice and slip-and-fall incidents.
In most personal injury cases, an injured plaintiff sues a negligent defendant. Sometimes the plaintiff is at fault, as well, and he or she must accept partial responsibility. As a result, Washington recognizes contributory negligence in personal injury lawsuits. Continue reading to learn more about Washington negligence laws.
What Constitutes Negligence?
Negligence can be defined as a breach of a duty of care to others. The three main components of negligence are as follows:
- Duty of care
- Breach of duty
Your lawyer’s goal is to minimize the extent of your fault. They will accomplish this by amassing evidence to demonstrate the other party’s negligence. As a result, the responsible party will be liable for your injuries and losses.
Meanwhile, the other party will attempt to do the exact opposite. In order to reduce your payout, the insurance company will try to prove that you were at least partially to blame for the accident. Therefore, in order to ensure legal justice, you may do well to have an attorney on your side.
Fighting for Your Claim
If you’ve been in an accident caused by someone else’s negligence, your main goal is to get your life back on track, which isn’t always easy. While the insurance company may appear to be on your side, this may not be the case. Following an accident, seeking the advice of a personal injury attorney is one of the most effective ways to protect your rights.
If you have been injured, an attorney will fight to get you fair compensation. It’s likely you will need the help of an experienced negotiator and attorney. Insurance companies are for-profit corporations that often seek to maximize profits by paying injured people as little as possible.
Washington Negligence Laws: Comparative Negligence
In states that apply comparative negligence, like Washington, you are not barred from recovering financial damages if you are found partially at fault for the accident, but someone else does need to be more at fault than you are.
For instance, Driver A crashes into Driver B, causing an auto accident and injuries. However, Driver B could have avoided Driver A if they hadn’t been on their phone at the time and driving distracted. As a result, Driver B was also negligent.
The judge determines the percentage of total liability that each party must bear. Those percentages are then applied to the total financial compensation awarded. In a nutshell, that’s how comparative negligence works in Washington.
Get Help Proving Negligence in Washington
If you were in an accident and the other driver is more at fault, their insurance company is liable for your damages. However, if there is a disagreement about who is at fault, things can quickly get messy.
If you are still curious about what Washington negligence laws entail, visit Craig Swapp & Associates. We are committed to assisting victims in obtaining compensation from the negligent party. Please call us at 1-800-404-9000 for more information.
Awards & Associations:
Request a Consultation
Schema Sidebar form
Awards & Associations
My son was in a car accident, and we hired Craig Swapp to help us settle the medical bills. To my surprise, all the bills were paid, and there was a significant chunk of money leftover for us! They took care of the whole process, asking very little of us. I almost didn’t even have to think about it at all. If I were ever in this situation again, I would hire them in a second, and I would recommend that anyone else looking for this kind of help call them immediately.- Cynda B.
The Craig Swapp Team helped me understand what I was entitled to after my accident. As they worked my claim, they kept me informed of what was happening and made sure I was included in all the decisions. They didn’t settle for anything less than what I was entitled. I am very pleased with the results.- Steve R.
Lee Peterson at Craig Swapp did an amazing job handling my Auto and personal injury case! I walked away paying no money out of pocket and got a lot more for my claim than expected! I would highly recommend this law firm to anyone who appreciates good communication, Customer care, and people like Lee Peterson who work hard for the client! Couldn’t be happier!- Robert N.