How Comparative Negligence Impacts Settlement Negotiations in WA

The state of Washington follows a pure comparative negligence system. This allows injured parties to seek compensation even if they were partially or even primarily at fault for an accident. The amount of compensation is reduced based on the percentage of fault assigned.

Understanding how comparative negligence impacts settlement negotiations in Washington can make it easier to pursue compensation for your injuries. Speak with one of our personal injury lawyers today to learn more.

What is pure comparative negligence, and how does it work in Washington?

Pure comparative negligence is when your compensation for an injury is reduced by your percentage of fault for that particular injury. This means that, even if an injury was primarily your fault, compensation may still be available.

Just as an example, if someone is hit by a car while walking down a street, the driver may be mostly at fault for this person’s injury. But, if the person struck by this car was jaywalking, they may be 30% at fault. And, as a result, if they have $15,000 in damages, they may only be able to receive $10,500, due to their percentage of fault.

How does comparative negligence impact settlement negotiations in Washington?

Insurance negotiations

Settlement negotiations in Washington typically reflect how the state’s comparative-fault rules would affect damages if the case were decided in court. Pure comparative negligence can affect insurance negotiations in several ways, including the following:

• The insurance company will likely attempt to assign a significant percentage of fault to you.
• Due to the percentage of fault they assign to you, you may be entitled to less compensation than you need.
• You will need to present evidence that contests the percentage of fault they assign to you.

Here’s an example of how pure comparative negligence can impact settlement negotiations in Washington:

• You slip and fall on a wet surface, and the insurance company claims that you were acting in a reckless manner and, as such, are 80% at fault for the injuries you sustained.
• You hire a personal injury lawyer. This lawyer helps you gather witness testimony, photographs/videos, and medical records demonstrating that you did not act recklessly.
• You negotiate with the insurance company using the evidence that supports your claims. This reduces your percentage of fault, allowing you to recover a higher percentage of compensation for your injuries.

Settlement offers

Many personal injury lawsuits are resolved without trial. This is because it’s often cheaper, faster, and easier to negotiate outside of the courtroom than it is to argue for one’s claims during a lengthy, expensive, and complicated trial.

If your personal injury lawsuit stays out of court, you will likely be presented with a settlement offer. Settlement offers often reflect the insurer’s assessment of comparative fault. If the case goes to trial, the trier of fact will determine the percentages of fault.

A good example of the above is as follows: if you are negotiating with a driver’s insurance company and they claim you are 50% at fault, your settlement offer may only cover 50% of the damages you sustained. This might be $20,000 of the $40,000 you are asking for.

A personal injury lawyer can help you evaluate whether a settlement offer is fair, and you are not required to accept an offer that does not adequately address your damages. To obtain a more favorable settlement offer, you may need to negotiate with the insurance company. Negotiations often involve sharing evidence and arguing for a compensation amount consistent with the evidence.

Returning to the example above, if the insurance company offers you 50% of the damages you are seeking, you could present them with testimony from several witnesses that disputes their claim. The insurance company might see this evidence and offer the settlement you are asking for, in order to keep your case from going to trial.

If you would like to obtain a favorable settlement as quickly as possible, you may want to work with a personal injury lawyer who has negotiated settlements in prior cases. While past results do not guarantee future outcomes, an attorney can help you negotiate.

Trial outcomes

Although most personal injury lawsuits are settled out of court, some proceed to trial, typically when:

• You and the other party cannot come to an agreeable settlement.
• The monetary value of your damages is in dispute, and the parties cannot reach an agreement.
• The percentage of fault is in question, and neither party can agree on a percentage.
• The case is especially complex, and neither party can agree on the facts/evidence.

Pure comparative negligence may affect all of the above. This is because your percentage of fault for an injury will affect the amount of compensation you receive for that injury.

If your case goes to trial, the court will assign your portion of fault for an injury. This percentage of fault will determine the compensation you receive. To seek a fair settlement, a personal injury lawyer can:

• Gather evidence that supports the damages you are seeking and the percentage of fault that supports these damages.
• Bring on witnesses who can validate your damages and percentage of fault, including qualified expert witnesses, when appropriate.
• Develop and present compelling arguments that validate your claimed percentage of fault and refute the percentage of fault you were assigned by the other party.

Working with a Washington personal injury lawyer can help

Every personal injury lawsuit is complex in its own way. Working with a Washington personal injury lawyer can help you navigate the complexities that come with assigning fault.

At Smith McBroom Injury and Accident Lawyers, we’re ready to help you pursue the compensation you need. Contact us to speak with one of our Washington personal injury lawyers today.