UNDERSTANDING WASHINGTON STATE PERSONAL INJURY LAWS
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Understanding WA State Personal Injury Laws
Table Of Contents
What Is Considered a Personal Injury in Washington?
A personal injury claim occurs when someone is harmed because of the negligent, reckless, or intentional actions of another person or company. Common types of personal injury cases in Washington include:
- Car accidents
- Truck and motorcycle crashes
- Pedestrian or bicycle collisions
- Slip and fall injuries
- Dog bites
- Wrongful death
If someone else’s actions caused your injuries, Washington law allows you to seek financial compensation.
Washington Is a Fault-Based State
Washington uses a fault-based system for personal injury claims. That means the person or party who caused the injury is legally responsible for the damages.
Most claims are settled through the at-fault party’s insurance company, but you can also pursue your case in court if the insurer refuses to provide a fair settlement.
Comparative Fault in Injury Claims
Washington uses a pure comparative negligence system, as outlined in RCW 4.22.005. Even if you’re partly at fault for your injuries, you can still recover damages; your degree of blame will reduce your compensation.
Example: If you’re awarded $100,000 but found 20% at fault, you can still receive $80,000.
To learn more, visit our Comparative Fault in Washington page.
Statute of Limitations for Personal Injury Claims
In most cases, you have three years from the injury date to file a lawsuit in Washington.
(See RCW 4.16.080: Actions for injury to persons or property must be commenced within three years.)
There are some exceptions, such as for minors or delayed discovery of harm. Missing the deadline can lead to losing your right to compensation.
Visit our How Long Do I Have to File a Claim? page for more details.
Types of Damages You Can Recover
Personal injury victims in Washington can seek compensation for:
- Medical expenses (current and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Wrongful death benefits (if applicable)
Each case varies, so your damages will depend on the severity and impact of your injuries.
Are There Damage Caps in Washington?
Washington does not set limits on economic or non-economic damages in personal injury cases. This means:
- No cap on compensation for medical bills, lost income, or pain and suffering
- No cap on wrongful death damages
- Juries are able to award full damages based on the evidence.
This makes Washington one of the more victim-friendly states regarding personal injury compensation.
Do I Need a Lawyer to File a Claim?
You’re not obligated to hire a lawyer, but having one can greatly improve your outcome, especially if:
- The insurance company is disputing fault
- Your injuries are severe or permanent
- You’re being blamed for the accident
- The offer doesn’t cover your full losses
At Morgan Hill P.C., we provide free consultations and handle most personal injury cases on a contingency fee basis.
That means you don’t pay unless we win.
Schedule a Free Consultation
Understanding Washington personal injury law is only the beginning. If you’ve been injured in Tacoma or anywhere in Pierce County, Morgan Hill PC is ready to help you through the legal process.
Contact us today or message us for a free case review. Let’s get you the answers and support you need.
FAQ: Washington Personal Injury Law
Q: Can I sue someone if I was partly at fault?
A: Yes. Under Washington’s comparative fault law, you can still recover damages, even if you were mostly at fault.
Q: Is there a deadline to file a personal injury lawsuit in WA?
A: Yes. You generally have three years from the date of the injury under RCW 4.16.080.
Q: Are there any caps on how much I can recover?
A: No. Washington doesn’t cap compensation in personal injury cases.
Q: Will my case go to court?
A: Many times, a case settles out of court, but we prepare for every case as if it will go to trial, and we’re ready to fight for you in court if needed.
Practice Areas
FAMILY LAW
PERSONAL INJURY
Our Service Area Locations
Tacoma
Pierce County
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