Being involved in an accident can be a confusing and stressful experience, especially if you believe you were at fault. You may wonder if it’s still possible to get compensation for your injuries and losses. The short answer is that, in many cases, you can still recover compensation—even if you share some responsibility for the accident. This depends on several factors, including the laws in your state, the extent of your fault, and the type of insurance coverage involved.
Below, we’ll discuss how Washington State laws handle fault in accidents, what types of compensation may be available, and why working with an experienced attorney is crucial in these situations.
Understanding Comparative Fault in Washington
Washington follows a pure comparative fault rule when determining compensation in personal injury and car accident cases. This means that even if you are mostly at fault for the accident, you may still recover damages. However, your compensation will be reduced by your percentage of fault.
For example:
- If your total damages are $50,000 but you are found to be 60% at fault, you would only recover $20,000 (40% of $50,000).
- This system allows accident victims to pursue compensation even when their own actions contributed significantly to the accident.
Determining fault is critical because the percentage of responsibility assigned to each party directly impacts the amount of compensation you can receive. Insurance companies and attorneys often rely on police reports, witness statements, and expert testimony to assess fault.
Types of Compensation Available
If you’re eligible to pursue a claim, there are several types of compensation you may recover:
1. Economic Damages
These are tangible, measurable losses that result from the accident, such as:
- Medical Expenses: Costs for hospital visits, surgeries, medications, physical therapy, and ongoing treatment.
- Lost Wages: Compensation for time missed at work due to injuries or recovery.
- Property Damage: Repair or replacement costs for your vehicle and other damaged belongings.
- Future Losses: If your injuries affect your ability to work or require long-term care, you may claim future lost income or medical expenses.
2. Non-Economic Damages
These refer to intangible losses, including:
- Pain and Suffering: Compensation for physical pain and emotional distress caused by the accident.
- Loss of Enjoyment of Life: Damages for the inability to participate in activities you once enjoyed.
- Emotional Distress: Anxiety, depression, or trauma stemming from the accident.
3. Wrongful Death Damages
If the accident resulted in a loved one’s death, their surviving family members might pursue compensation for:
- Funeral and burial expenses.
- Loss of financial support and companionship.
Factors That Affect Compensation
The amount of compensation you can recover depends on several factors:
- Severity of Your Injuries: More serious injuries typically result in higher settlements or awards.
- Insurance Coverage: The type and limits of insurance coverage available for both parties play a significant role.
- Evidence: Strong evidence, such as clear documentation of injuries and proof of the other party’s fault, strengthens your claim.
Steps to Take After an Accident
If you’ve been in an accident where you might share some fault, taking the right steps can protect your rights and improve your chances of recovering compensation.
- Report the Accident: Notify local authorities and file an accident report. This documentation is essential for determining fault.
- Seek Medical Attention: Get immediate medical care, even if your injuries seem minor. Medical records serve as crucial evidence in your claim.
- Gather Evidence: Take photos of the accident scene, vehicle damage, and injuries. Collect contact information for witnesses.
- Avoid Admitting Fault: Statements made to police, the other party, or insurance adjusters can be used against you. Stick to the facts.
- Contact an Attorney: An experienced personal injury lawyer can help you navigate the claims process, negotiate with insurers, and advocate for your best interests.
Why Legal Representation Matters
Navigating the legal process after an accident can be challenging, especially when you’re partially at fault. An attorney can assist by:
- Investigating the accident and gathering evidence.
- Calculating the true value of your claim, including long-term costs.
- Negotiating with insurance companies to maximize your settlement.
- Representing you in court if necessary.
At Murphy Trial Law, our attorneys have extensive experience handling personal injury cases, including those involving shared fault. We work to ensure that your rights are protected and that you receive fair compensation for your injuries and losses.
Common Questions About Fault and Compensation
Here are answers to some frequently asked questions about recovering compensation when you’re at fault:
1. Can I still file a claim if I’m more than 50% at fault?
Yes, under Washington’s pure comparative fault rule, you can recover compensation regardless of your level of fault. However, your recovery will be reduced by your percentage of fault.
2. What if the other driver claims I was entirely at fault?
Disputes over fault are common. Your attorney can challenge these claims by presenting evidence such as accident reports, eyewitness testimony, and expert analysis.
3. How long do I have to file a claim?
In Washington, the statute of limitations for personal injury claims is generally three years from the date of the accident. Acting quickly ensures you preserve evidence and meet legal deadlines.
Call Murphy Trial Law for Help
If you’ve been injured in an accident in Bothell, WA, and are unsure about your rights to compensation, don’t navigate the process alone. At Murphy Trial Law, we understand the complexities of comparative fault and will fight to secure the best possible outcome for your case.
Call us today at (425) 835-2614 to schedule a free consultation. Let us handle the legal work so you can focus on recovery.
