Washington Negligence Laws /

Pure Comparative Negligence

How Pure Comparative Negligence Operates in Washington State

TACOMA ATTORNEYS EXPLAIN THE EFFECT OF CONTRIBUTORY FAULT ON YOUR CASE

While personal injury cases usually pit an injured plaintiff against an allegedly negligent defendant, it’s sometimes true that the plaintiff has also been careless and must share some responsibility. For this reason, the state of Washington recognizes contributory fault in injury cases. A finding of contributory fault can severely limit the amount of compensation an injured party can collect. Since 1959, personal injury attorneys at Rush, Hannula, Harkins & Kyler PLLC have protected our clients against charges of contributory fault to help ensure they receive the full benefits of their injury claims.

 

HOW DOES COMPARATIVE FAULT IMPACT A PLAINTIFF’S RECOVERY IN WASHINGTON?

Under comparative fault, a judge or jury assesses the percentage of total responsibility each party must assume. Imagine this motor vehicle accident: Motorist A entering freeway traffic fails to yield to Motorist B traveling in the far-right lane. Motorist A violated a safety regulation and is liable for the collision. But evidence reveals that Motorist B was entering data into a GPS device and, if not for that driving distraction, might have maneuvered to avoid Motorist A. So, Motorist B is also negligent.

The judge or jury must then determine how much responsibility each driver has for the accident. Suppose 80 percent of the blame is assigned to Motorist A and 20 percent to Motorist B. If Motorist B sustained $200,000 in losses due to the crash, Motorist B can collect $160,000 but must absorb $40,000 in losses.

 

DOES COMPARATIVE FAULT IN WASHINGTON EVER BAR A PLAINTIFF FROM RECOVERING?

In some states that practice comparative fault, a plaintiff must prove that one or more defendants are at least 50 or 51 percent liable or the plaintiff cannot recover anything. That is not the case with Washington’s pure comparative fault. A plaintiff can recover damages even if the defendant is 20 percent or even 10 percent liable. There is no limit, other than zero, that would disprove liability entirely.

 

Ask our Tacoma attorneys about comparative negligence in your injury lawsuit

Even if you prove someone else caused your accident, you can lose most of your potential recovery if that defendant shows you were also at fault. Talk to a seasoned trial attorney at Rush, Hannula, Harkins & Kyler PLLC about trial strategies that address the threat of comparative negligence. To schedule a free consultation, call 253-383-5388 or contact our Tacoma office online.

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At Rush, Hannula, Harkins & Kyler PLLC we have the skill and experience to take on a wide range of personal injury cases throughout Washington state. From motor vehicle accidents to workplace injuries – our reputation and success rates keep opposing counsel on edge.

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Winning is when clients get the closure and compensation they deserve. We haven’t settled for less in the last sixty plus years. And we won’t for the next sixty.

$7.0 M
Client was exposed to ammonia gas by a trucking company that wrongfully released the gas. Client suffered injuries to both eyes, reactive airway disease, significant PTSD and severe depression preventing client from returning to his previous employment.
$1.9 M
Client was the victim of medical malpractice when the emergency room failed to diagnose a bowel obstruction, resulting in severe intestine injury and a colostomy.
$1.3 M
Client was bitten by a dog and suffered C-Diff infection and multiple hospitalizations.
$1.2 M
Client was the victim of a defective product when the coupler unit between his tractor and trailer failed, causing his arm to be crushed.
$1.2 M
Client was involved in a traumatic motorcycle accident. Client underwent multiple surgeries for comminuted fractures of his tibia and fibula resulting in limitations to his ability to work.
$1.05 M
Client was involved in a high speed collision on Interstate 5 when a driver of a Box Truck fell asleep and crossed over several lanes pushing her vehicle over an embankment. Client sustained traumatic brain bleed, fractured shoulder, hip and knees requiring over three months of intensive care and hospital admission
$920,000
Client was involved in a truck accident that caused his wrongful death. He was crushed when the truck hit him from behind as he was unloading items from his vehicle.
$875,000
Client was a pedestrian and was struck by a car while crossing in a crosswalk. Client was transported to the hospital but unfortunately died as a result of the injuries.
FAQs

Frequently Asked Questions

We have answers to some of the most common Washington personal injury questions. These are resources for injury victims.

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Do I need a lawyer to file a personal injury lawsuit?

It is not necessary to retain a lawyer to file your personal injury lawsuit. You should base your decision to involve an attorney on a reasonable assessment of the pros and cons. Rush, Hannula, Harkins & Kyler PLLC is a highly reputable personal injury law firm that has served Washington since 1959. We deliver value to our clients that far outweighs the fees we collect. But before you retain any attorney, you have to be satisfied that the benefits exceed the costs. We offer these points for your consideration.

 

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What is the statute of limitations in Washington for personal injury?

A statute of limitations is state law; throughout the country, different states set different time limits for identical causes of action. Within each state, different causes of action have different time limits. In Washington, for personal injury lawsuits, the statute of limitations is three years.

 

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How much does a personal injury lawyer cost?

The great advantage of filing a personal injury lawsuit is that most attorneys operate on a contingency fee basis. That means that rather than charging upfront legal fees or an hourly rate, the attorney works without compensation until the case resolves through a jury verdict or settlement. At that time, the attorney takes a percentage of the award. The contingency fee arrangement helps plaintiffs who could not otherwise afford the costs of civil litigation to pursue just compensation without worrying about expenses. It also means that your ability to retain an excellent lawyer does not depend on your ability to pay, but rather on the attorney’s assessment of the strength of your case, or the importance of delivering justice to someone in your particular circumstances.

 

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How do I file a personal injury lawsuit in Washington state?

At Rush, Hannula, Harkins & Kyler PLLC, we want our clients to have an accurate picture of what a personal injury lawsuit entails. The process is rarely quick and easy; defense counsel and insurance companies often employ delay tactics to wear a plaintiff down. We offer this page as a primer for anyone who has a cause of action and is considering a personal injury lawsuit.

 

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The change you want to see happens when your story goes beyond the courtroom and makes an impact after the case is closed.

  • Our experience with Dan Kyler and Vern Harkins was excellent from the beginning and we were very satisfied with the end results.
  • Dan Kyler and Mike Fisher were professional and dedicated throughout the entire process. I would recommend this law firm to anyone.
  • Vern Harkins perseverance and hard work made it possible to get the maximum settlement from the insurance company. I know he had my interest in mind as demonstrated by his actions.
  • Dan Hannula’s hard work helped to settle my auto accident case.
  • Michael was outstanding. He was always professional, prepared, available for questions, and on top of my case. I highly recommend him and will always consider him to be my first choice for legal matters I need resolved.
  • Mr. Fisher has helped me in the past and is very trustworthy and sincere. I would recommend Michael and of course anyone else at Rush, Hannula, Harkins & Kyler.
  • My father was sick and dying, I needed assistance and I need it fast. With a single call to Mr. Fisher’s office, I was warmly welcomed, swiftly assisted and free of the concerns... I am forever grateful to Mr. Fisher for his exquisite services in my time of need.
  • The office staff were courteous, pleasant and kept me informed as to what was going on throughout the whole ordeal.
  • I am extremely satisfied with the service I experienced with this firm and I would recommend them to anyone that needs legal representation. Michael Fisher and his staff are great people.
  • John Wilson demonstrated his professionalism by keeping us current on our case, explaining our options, giving us realistic expectations and demonstrating the highest level of ethics and integrity beyond reproach. We have the highest confidence that we were well represented.
  • I have been a client of Dan Kyler’s since 1996. Having had numerous car accidents, I rely upon the Tacoma auto accident attorneys at RHHK to help me through them. The most obscure questions have been answered and help is given on all levels.
  • Mr. Fisher has helped me in the past and is very trustworthy and sincere. I would recommend Michael and of course anyone else at Rush, Hannula, Harkins & Kyler.
  • Our experience with Dan Kyler and Vern Harkins was excellent from the beginning and we were very satisfied with the end results.
  • The office staff were courteous, pleasant and kept me informed as to what was going on throughout the whole ordeal.
  • Having a motorcycle accident was bad enough, let alone dealing with insurance companies. John Wilson and his staff made everything easy to understand and hassle free.
  • John Wilson demonstrated his professionalism by keeping us current on our case, explaining our options, giving us realistic expectations and demonstrating the highest level of ethics and integrity beyond reproach. We have the highest confidence that we were well represented.
  • Michael was outstanding. He was always professional, prepared, available for questions, and on top of my case. I highly recommend him and will always consider him to be my first choice for legal matters I need resolved.
  • Mr. Fisher is an outstanding lawyer. He’s knowledgeable, responsive, and kept me informed at all times. I would definitely recommend him to anyone in need of a good attorney.
  • My father was sick and dying, I needed assistance and I need it fast. With a single call to Mr. Fisher’s office, I was warmly welcomed, swiftly assisted and free of the concerns... I am forever grateful to Mr. Fisher for his exquisite services in my time of need.
  • Mike Fisher is an example of a quality attorney who sets high standards in servicing his clients in the highest regard as an attorney and he is part of a great firm.
  • Vern Harkins perseverance and hard work made it possible to get the maximum settlement from the insurance company. I know he had my interest in mind as demonstrated by his actions.
  • I am extremely satisfied with the service I experienced with this firm and I would recommend them to anyone that needs legal representation. Michael Fisher and his staff are great people.
  • Having a motorcycle accident was bad enough, let alone dealing with insurance companies. John Wilson and his staff made everything easy to understand and hassle free.
  • Dan Hannula’s hard work helped to settle my auto accident case.
  • John Wilson demonstrated his professionalism by keeping us current on our case, explaining our options, giving us realistic expectations and demonstrating the highest level of ethics and integrity beyond reproach. We have the highest confidence that we were well represented.
  • I have been a client of Dan Kyler’s since 1996. Having had numerous car accidents, I rely upon the Tacoma auto accident attorneys at RHHK to help me through them. The most obscure questions have been answered and help is given on all levels.
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