When a person suffers an injury in a car crash that’s caused by a negligent driver, they may have considerable medical expenses and other costs associated with that wreck. They shouldn’t be left to bear the burden of those expenses. With that in mind, they may decide to file a personal injury lawsuit.
In every personal injury claim, the victim must be able to show that the negligent driver caused the crash, the crash caused the injuries and the injuries led to the expenses. In Washington, negligence means failing to exercise the level of care that a reasonable person must exert in the same situation. That concept comes into the picture in personal injury cases because of the negligence standards in Washington.
Pure comparative negligence standard
Washington follows the pure comparative negligence standard. This means that if the negligence is shared by the victim and the other driver, both parties will hold liability in the expenses related to the crash. Each party would be assigned a percentage of fault.
The percentage of fault the victim is assigned directly affects the amount of compensation they can receive. If the victim is found to be 30% at fault for a crash, any damages they’re awarded are reduced by 30%. This means they could recover 70% of an award.
Personal injury claims can be complex because of the various elements involved. It’s critical that any victim who wants to seek compensation takes the time to learn their options and how Washington’s pure comparative negligence standard may impact their case. Working with someone familiar with these matters might be beneficial.
