Personal Injury Laws in Washington

Personal Injury Law in Washington: Overview

Washington follows a pure comparative fault system, allowing plaintiffs to recover damages regardless of their percentage of fault. The state has a three-year statute of limitations for most personal injury claims. Washington does not impose statutory caps on compensatory or non-economic damages in personal injury cases, as the Washington Supreme Court struck down damage caps as unconstitutional. The state is a fault-based jurisdiction for auto accidents with PIP coverage requirements. Washington has well-developed case law on product liability, premises liability, and medical malpractice. The state's technology industry, maritime economy, and outdoor recreation contribute to diverse personal injury litigation.

Key Statutes & Deadlines

No Damage Caps (Constitutional Protection)

The Washington Supreme Court struck down statutory caps on non-economic damages as unconstitutional in Sofie v. Fibreboard Corp. (1989), holding that they violated the right to jury trial under the Washington Constitution. Article I, Section 21 of the Washington Constitution preserves the right to a jury trial, including the jury's authority to determine the amount of damages. This means Washington has no caps on economic, non-economic, or punitive damages. This ruling makes Washington one of the most favorable states for damage recovery. Any legislative attempt to impose caps would face serious constitutional challenges.

Pure Comparative Fault with Joint and Several Liability

Washington uses pure comparative fault combined with joint and several liability for certain situations. A plaintiff can recover even if 99% at fault, with damages reduced proportionally. Washington applies joint and several liability to defendants acting in concert, to hazardous substance cases, and to certain other specified situations. For most other cases, each defendant is only severally liable for their proportionate share of fault. The jury allocates fault percentages among all parties, including settled defendants and identified non-parties. This system balances plaintiff recovery rights with proportionate defendant responsibility.

PIP Coverage and Auto Insurance

Washington requires auto insurers to offer PIP coverage of at least $10,000, which covers medical expenses and lost wages regardless of fault. Drivers can reject PIP coverage in writing. Washington is not a true no-fault state; there is no threshold requirement to pursue tort claims. PIP provides first-party benefits while preserving full tort rights. Washington requires minimum liability insurance of $25,000/$50,000 for bodily injury. Uninsured motorist coverage is mandatory. Underinsured motorist coverage must be offered but can be rejected. Washington also has a hit-and-run victim protection provision in its uninsured motorist statute.

Washington Court System

Washington's Superior Courts serve as the trial courts of general jurisdiction for personal injury cases. The state has 39 counties. District Courts handle smaller civil claims up to $100,000. Appeals go to one of three divisions of the Washington Court of Appeals, and further review is available from the Washington Supreme Court. Civil juries consist of 12 members, and verdicts require a ten-twelfths majority (10 of 12). Washington has mandatory arbitration for cases under specified dollar thresholds in most counties.

Damages & Penalties

Washington allows full recovery of economic and non-economic damages without any statutory caps due to the Sofie decision. Punitive damages are generally not available in Washington, which is a significant distinction from most states. The exception is claims under specific statutes that provide for treble damages or other enhanced damages, such as consumer protection violations. Washington follows the collateral source rule. Pre-judgment interest is available at 12% per annum from the date the complaint is filed, one of the highest rates in the nation. Loss of consortium claims are recognized.

Recent Legislative Changes

Washington has addressed liability issues related to the technology industry, including rideshare and autonomous vehicle regulations. Courts have clarified the scope of joint and several liability and the standards for admission of expert testimony. The legislature has also addressed distracted driving penalties and bicycle safety.

Frequently Asked Questions