Washington Personal Injury Law

The following summary of Washington personal injury laws and theories of liability will help you understand important aspects of injury claims in this state.

Washington Statute of Limitations:

ANY Personal Injury: For general personal injury, the SOL is 3 years.

Medical Malpractice: 3 years from the date of the act or omission or 1 year from the date the injury should have been discovered, whichever is later. However, in no event may a claim for medical malpractice be brought more than 8 years after the act or omission.

Products Liability: 3 years

Caps on Personal Injury Awards in Washington:

The Supreme Court of Washington has found that placing a statutory cap on non-economic damages is an unconstitutional infringement of the right to a trial by jury, therefore there are no personal injury caps in Washington.

Washington Serious Injury Threshold:

There is no serious injury threshold in the state of Washington.

Washington is a Fault state, therefore an insurance adjuster will first assess who is at fault and pay accordingly. Washington follows the pure comparative negligence theory in which the court or adjuster will diminish the award in proportion to the degree of fault of the injured party.

Washington also follows the theory of joint and several liability: Each defendant is liable for his share of the monetary award unless the plaintiff is not at fault at all, in which case each defendant will share in the responsibility of all liable defendants.

Personal Injury Claims & Theories of Liability in Washington:

Wrongful Death: When a death occurs in a personal injury accident, the responsible party may be liable for wrongful death. However, the Washington statutes are drafted in such a way that only "dependent" adults and minor children may recover, not all heirs as in many states.

Slip and Falls: When a person slips and falls on the premises of another, the owner of the premises may be liable. Washington state follows the comparative negligence theory and can diminish the settlement by the degree of fault of the injured party.

Auto Accidents: When an individual is injured as a result of the negligence of a driver, the negligent driver will be responsible for the other party’s damages. This however, will be reduced by the degree of fault (if any) of the injured party.

Medical Malpractice: When a death occurs as a result of the negligence of a medical professional, the individual may be liable to the decedent's estate. If it is a child pursuing the claim on behalf of a deceased parent, Washington law tolls the above-listed statute of limitations until the child reaches the age of majority, or 18.

Products Liability: This area of law is governed by a statute called the Washington Products Liability Act or the WPLA. In sum, the act follows a two step approach to products liability: First it asks whether the product meets the ordinary expectations of the consumer. Next, it walks through the risk/utility test determining the likelihood of injury and the existence of warnings.

Workers' Compensation: If an employee is injured during the course of his employment, the employer will be responsible for compensating the injured party for his injury provided it occurs during the scope of employment.

Washington’s system is compulsory meaning that employers are required to carry insurance in the event of workplace injury.

For More Information Check out these sites:

Washington State Office of the Insurance Commissioner

Washington State Official Website

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