If you’re hurt in an accident, you may be entitled to compensation from the negligent party who caused it. But what happens if you were partially at fault for the incident, or the insurance company accuses you of this when it’s not true?
Fortunately, you may still be entitled to substantial damages because our state follows the pure comparative negligence rule. At Max Meyers Law, we handle different types of Washington personal injury accidents, from car, truck, and motorcycle crashes to child injuries and wrongful death incidents. We have numerous strategies to put the law on your side and help you stand up for your rights.
What Must You Prove in a Washington Personal Injury Claim?
If you’re seeking compensation in a personal injury case, you must prove all the elements of a personal injury claim. Understanding what you need to build a winning case is important. Here’s what must be demonstrated:
- Duty. You must first show that the responsible party owed you a duty of care. In personal injury cases, this is often relatively easy to establish. For example, in car crashes, the negligent motorist always has a duty to drive safely and obey Washington’s traffic laws.
- Breach of duty. You must also establish that the liable party neglected their duty to you by acting wrongfully or failing to take actions they knew or should have known were necessary.
- Causation. The next element to prove in a personal injury claim is that the other party’s negligence caused your accident and injuries.
- Damages. Finally, there must be evidence that you incurred financial losses and non-economic losses, such as emotional trauma, as a result of the accident.
What’s Pure Comparative Negligence in Washington?
Comparative negligence rules apply when more than one party is responsible for causing a personal injury accident. Laws vary by state regarding what happens when a victim is partially responsible for their injuries. There are three comparative fault rules followed in the United States:
- Contributory negligence. This is the harshest comparative fault rule and is only followed by a few states. Under this doctrine, a victim wouldn’t be entitled to compensation if they’re even 1% to blame for causing the accident.
- Comparative negligence. In states that follow a comparative negligence law, a victim is entitled to damages as long as they’re not 50% or 51% percent at fault, depending on the state. However, the compensation they would receive is reduced by their percentage of fault.
- Pure comparative negligence. Washington is one of a few states that follows the pure comparative negligence rule. This law allows you to recover damages even if you were 50% or more to blame for the incident. However, your settlement would be reduced by your percentage of blame for causing the accident.
How does pure comparative negligence work in a personal injury claim? Let’s assume you were found to be 30% negligent for causing your car accident, and your total damages are $300,000. The amount you could recover in a settlement would be reduced by $90,000. But you would still be entitled to $210,000—a substantial sum.
7 Steps to Protect Your Personal Injury Case If the Pure Comparative Negligence Rule Applies
The first thing to realize is that you might not be all to blame for the incident. Just because you’re worried you did something wrong or an insurance company accuses you of negligence doesn’t mean it’s true. It’s vital to take the following steps to protect your rights when the pure comparative negligence rule applies to your case.
1. Report the Accident
Reporting the incident immediately helps establish that it occurred and caused your injuries. If you were in a motor vehicle collision, contact the police and order a copy of the police report. In other personal injury situations, notify the property or business owner or other negligent party of your accident in writing and keep a copy of this notice for your records.
2. Get Prompt Medical Care
Prioritize your health right after the accident. A physician should examine you within 72 hours of the incident—even if you don’t think you were hurt. You could have suffered a severe medical problem such as traumatic brain injury, internal bleeding, or a spinal injury and not realize it until days or weeks later.
You’ll protect your health and recover more quickly if you get the medical treatments you need. In addition, these actions help you combat arguments by an insurance adjuster about the severity of your injuries or their cause.
4. Get Contact Information
Obtain the contact information for the negligent party, their insurance company, and any eyewitnesses. Be sure to get their name, address, phone number, and email address.
5. Gather Evidence
Start collecting evidence right after your personal injury accident. Information that helps our legal team prove your case includes:
- Photos and video of the accident scene, vehicle damage if you were involved in a car accident, and your injuries
- Police or accident report
- Your clothes, kept in the same condition as after the incident
- Eyewitness contact information
- Medical bills and records
- Paystubs
- Insurance policies
6. Limit What You Say to an Insurance Company
You should be very careful what you say to an adjuster if you think you were partially to blame for causing the accident or if they’re wrongfully claiming this. The insurer may misconstrue even innocent statements such as “I’m sorry” or “I wish I hadn’t done that” as an admission that you were partially at fault.
7. Consult With an Attorney
If the pure comparative negligence rule applies in your case, contact Max Meyers Law immediately. Be honest about how you believe the personal injury accident occurred and your worries, if any, that you were negligent to some degree. If the insurance company falsely accuses you of being to blame, we need to know this, too. If we know all the facts upfront, we’re better prepared to establish your case.
Our legal team gathers all possible evidence to present your case in the best possible light. Attorney Max Meyers may be able to get evidence you cannot obtain on your own—such as expert witness reports and traffic or business surveillance video footage—that might minimize your position of fault or refute the insurer’s arguments that you were partially to blame.
Max will work hard to try for the maximum amount you deserve in your settlement. He’ll also meet all important deadlines, such as the statute of limitations to sue under RCW 4.16.080. Throughout your case, he’ll keep you informed on his progress and look out for your best interests to help you reach a fair settlement that compensates you as much as possible for your injuries.
