If you’ve been involved in an accident in Washington, you may be wondering what your rights are. If you were partially at fault for the accident, you may be worried that you won’t be able to recover compensation for your injuries. In Washington, the law of comparative fault determines how much compensation you can receive. Here’s what you need to know.
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What is Comparative Fault?
Comparative fault is a legal doctrine that holds that a plaintiff’s recovery in a personal injury case may be reduced by the percentage of fault attributable to the plaintiff for the accident.
In Washington, the law of comparative fault is applied to personal injury cases. This means that if you were partly responsible for the accident that caused your injuries, your recovery may be reduced by the percentage of fault attributed to you.
How Does Comparative Fault Affect Your Personal Injury Claim?
If you’re injured in an accident in Washington, you may be entitled to compensation for your injuries. However, if you were partially at fault for the accident, your recovery may be reduced by the percentage of fault attributed to you.
For example, if you were involved in a car accident and the court determines that you were 30% at fault for the accident, your recovery may be reduced by 30%. So if your damages were $100,000, your recovery would be reduced to $70,000.
Contributory Negligence vs. Comparative Fault
Washington is a pure comparative fault state, which means that a plaintiff can recover even if their share of the fault is greater than 50%. This is different from contributory negligence states, where a plaintiff may be barred from recovery if they were found to be even 1% at fault for the accident.
How is Fault Determined?
When determining fault in a personal injury case in Washington, the court will consider all of the factors surrounding the accident. This may include witness testimony, accident reports, and other evidence.
Once the court has considered all of the evidence, it will apportion fault between the parties involved in the accident. Each party will be assigned a percentage of fault based on their contribution to the accident.
How Can a Personal Injury Lawyer Help?
If you’ve been injured in an accident in Washington, it’s important to speak with an experienced personal injury lawyer. A lawyer can help you navigate the complex legal system and make sure that your rights are protected.
A personal injury lawyer can help you gather evidence, build a case, and negotiate with the insurance company. They can also represent you in court, if necessary.
Conclusion
If you’ve been injured in an accident in Washington, the law of comparative fault will affect your recovery. It’s important to speak with an experienced personal injury lawyer who can help you navigate the legal system and make sure that you receive the compensation you deserve.