Understanding Washington State Personal Injury Laws

What Is Considered a Personal Injury in Washington?

A personal injury claim arises when someone is hurt due to the negligent, reckless, or intentional act of another person or company. Common types of personal injury cases in Washington include:

• Car accidents
• Truck and motorcycle crashes
• Pedestrian or bicycle collisions
• Slip and fall injuries
• Dog bites
• Wrongful death

If another person’s actions caused your injuries, Washington law allows you to pursue financial compensation.

Washington Is a Fault-Based State

Washington follows a fault-based system for personal injury claims. That means the person or party who caused the injury is legally responsible for the damages.

Most claims are resolved through the at-fault party’s insurance company, but you can also take your case to court if the insurer refuses to offer a fair settlement.

Comparative Fault in Injury Claims

Washington uses a pure comparative negligence system under RCW 4.22.005. Even if you’re partially at fault for your own injuries, you can still recover damages, your compensation will simply be reduced by your share of the blame.

Example: If you’re awarded $100,000 but found 20% at fault, you can still receive $80,000.

To learn more, visit our Comparative Fault in Washington page.

Statute of Limitations for Personal Injury Claims

In most cases, you have three years from the date of the injury to file a lawsuit in Washington.

See RCW 4.16.080 — actions for injury to person or property must be commenced within three years.

There are some exceptions, such as for minors or delayed discovery of harm. Missing the deadline can result in losing your right to compensation.

Visit our How Long Do I Have to File a Claim? page for more detail.

Types of Damages You Can Recover

Personal injury victims in Washington can recover compensation for:

• Medical expenses (current and future)
• Lost wages and reduced earning capacity
• Pain and suffering
• Emotional distress
• Property damage
• Wrongful death benefits (if applicable)

Each case is different, so your damages will depend on the severity and impact of your injuries.

Are There Damage Caps in Washington?

Washington does not impose caps on economic or non-economic damages in personal injury cases. This means:

• No limit on compensation for medical bills, lost income, or pain and suffering
• No cap on wrongful death damages
• Juries can award full damages based on the evidence

This makes Washington one of the more victim-friendly states when it comes to personal injury compensation.

Do I Need a Lawyer to File a Claim?

You’re not required to hire a lawyer, but having one can significantly improve your outcome, especially if:

• The insurance company is disputing fault
• Your injuries are severe or permanent
• You’re being blamed for the accident
• The offer doesn’t cover your full losses

At Morgan Hill PC, we offer free consultations and handle most personal injury cases on a contingency fee basis.

That means you don’t pay unless we win.

Related Legal Topics

• Car Accident Lawyer in Olympia
• Comparative Fault in WA
• Statute of Limitations in Washington
• Wrongful Death Claims

Schedule a Free Consultation

Understanding Washington personal injury law is just the first step. If you’ve been injured in Olympia or anywhere in Thurston County, Morgan Hill PC is here to help you navigate the legal process.

Call today or message us for a free case review. Let’s get you the answers and support you deserve.