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How our comparative negligence law affects accident claims


A recent accident is stressful enough without adding the confusion of the legal system to the mix. For instance, if you were hurt in Washington state, you might worry that being partly at fault means you can’t seek compensation. However, under Washington’s comparative negligence law, you could still recover damages.

What does comparative negligence mean?

Comparative negligence laws allow you to recover damages even if your own actions contributed to the accident or your injuries.

In a comparative negligence system, the court looks at everyone involved and assigns a percentage of blame. This percentage directly affects how much money you can receive for your injuries. The law diminishes proportionately the amount you receive. So, for example, if your total damages (medical bills, lost wages, etc.) are $10,000, you could receive $7,000 from the other party (70% of the total) if the courts assigned you 30% of the blame.

The law recognizes that accidents often involve multiple parties and that it’s unfair to bar someone from seeking compensation simply because they also made a mistake.

Don’t give up

If you’ve been in an accident in Washington state, don’t assume you can’t seek compensation just because you might share some blame. Instead, you can talk to an attorney who can help you build your case and make informed decisions.