Getting hurt in an auto accident can change your life. If someone else caused your injury, Washington law gives you the right to ask for money to cover things like medical bills, lost paychecks, and even pain and suffering. But there are rules about how and when you can file a claim. Understanding these rules can help you avoid mistakes that could cost you.
Here’s a breakdown of how personal injury laws work in Washington State.
What Counts as a Personal Injury Claim?
A personal injury case happens when someone gets hurt because another person acted carelessly. This could be in a car crash, a slip on a wet floor, a dog bite, or even from using a faulty product. If the injured person can show that the other person was careless (or negligent), they may be able to get money for the harm they suffered.
Common personal injury situations in Washington include:
- Car, truck, or motorcycle accidents
- Pedestrian and bicycle injuries
- Slip and fall injuries (also called premises liability)
- Dog bites (Washington uses strict liability)
- Injuries from unsafe products
- Medical malpractice
Washington Follows the Pure Comparative Negligence Rule
In Washington, you can still collect compensation even if you were partly at fault. This is called “pure comparative negligence.” It means the amount of money you can get is reduced based on your share of the blame.
For example, if you were 30% responsible for a car crash and your total damages were $100,000, you could still recover $70,000. Even someone who was 99% at fault can still recover 1% of their damages.
This rule applies to many types of personal injury cases, including car accidents, bike crashes, and slip-and-falls.
The Statute of Limitations in Washington
You only have a limited time to file a personal injury lawsuit in Washington. The standard deadline is three years from the date of the injury. If you wait too long, you might lose your right to make a claim.
There are some exceptions:
- Minors: The clock doesn’t start until the child turns 18.
- Discovery Rule: For cases like medical malpractice, the three years might start when the injury is discovered—not when it happened.
- Government Claims: If your injury involves a government agency or employee, you may only have 60 days to file a notice and one year to sue.
It’s a good idea to start the claim process early so important evidence isn’t lost.
Types of Damages You Can Recover
If your case is successful, you might get money for:
- Medical costs (past and future)
- Lost wages from missed work
- Loss of earning ability
- Pain and suffering
- Property damage
There are two types of damages:
- Economic damages: These are things with exact dollar amounts like bills and receipts.
- Non-economic damages: These cover things like emotional distress or the impact the injury has had on your daily life.
Washington does not place a cap on personal injury damages. That means there is no maximum limit to how much you can be awarded, except that punitive damages are not allowed under state law.
Insurance Rules in Washington
Washington drivers must carry liability insurance with minimum coverage:
- $25,000 for injuries to one person
- $50,000 for injuries to multiple people
- $10,000 for property damage
These numbers are low and often don’t fully cover serious injuries. That’s why many drivers also buy uninsured or underinsured motorist (UM/UIM) coverage, which can help if the other driver doesn’t have enough insurance.
Insurance companies may try to offer small settlements right after a crash. You don’t have to accept the first offer. In many cases, people settle for less than their claim is worth.
Wrongful Death in Washington
When someone dies because of another person’s actions, their close family members may file a wrongful death claim. This is different from a regular personal injury case but follows similar rules.
Those who can file include:
- Spouse or state-registered domestic partner
- Children or stepchildren
- Parents or siblings (if no spouse or kids)
Damages can include funeral costs, lost future income, and loss of companionship.
Common Types of Personal Injury Cases and What Makes Them Unique
Different cases have different rules. Here’s how they break down:
Car Accidents
Washington uses an “at-fault” system, which means the person who caused the crash is responsible for paying. Police reports, witness statements, and photos can help show fault.
Slip and Fall Cases
Property owners must keep their land or building reasonably safe. If someone gets hurt because of a hidden danger that wasn’t fixed or warned about, they may have a strong case.
Product Liability
If a dangerous or defective product caused your injury, the maker or seller may be held responsible under “strict liability,” meaning you don’t have to prove negligence.
Medical Malpractice
Doctors and hospitals must meet professional standards. Failing to do so could lead to a malpractice claim. These cases often require expert witnesses and detailed medical records.
Dog Bites
In Washington, dog owners are almost always responsible for injuries their dogs cause, even if the dog never bit anyone before. This is known as strict liability under RCW 16.08.040.
What To Do After an Injury in Washington
If you’ve been injured, taking the right steps early can make a big difference. Here are four things to do:
- Report the incident to the proper authorities (police, property manager, etc.).
- Get medical treatment, even if you feel fine. Some injuries take time to show.
- Gather evidence, including photos, witness names, and any reports.
- Talk to a lawyer to learn about your rights and see what your case may be worth.
Trying to handle a claim alone can be stressful, especially when you’re also dealing with pain and recovery.
Talk to a Personal Injury Lawyer Today
If you’ve been injured in a car accident in Bothell or anywhere in Washington, you don’t have to go through it alone. Our attorneys at Murphy Trial Law can look at your case, explain your options, and help you figure out your next steps. We’re here to fight for what you deserve—whether it’s through a fair settlement or taking your case to court.
Call (425) 835-2614 today to schedule a free consultation.