How Do I Figure Out Who Is At Fault?

In most cases, in order to collect on an injury claim in Washington, you must prove the person who caused the injury was "negligent" Â? which is a failure to exercise ordinary care. In Washington, you must prove:

• The existence of a duty owed to you by the person who caused your injury
• The other person failed to carry out the duty that they owed you
• You suffered damages
• The other person's failure caused you to have the injury

If you were careless, and your carelessness contributed to your injury, the amount you can recover will be reduced in proportion to your carelessness under Washington comparative negligence law.

Under Washington law, where two individuals are each responsible to you for the injury because they were both careless, each person is responsible for a proportionate amount of the total damages.

If you have been injured using a consumer product, the manufacturer of the product may be responsible under a "products liability" legal theory. Under Washington law, you would need to prove that:

• The product was defective or there was a failure to warn, which made it unreasonably unsafe
• The defect or lack of warnings regarding the product caused your injury
• You suffered damages

What Is My Claim Worth?

Under Washington law, the person who injured you is responsible for:

• Past, current and future estimated medical expenses
• Time lost from work, including time spent going to medical appointments or therapy
• Any property that was damaged, such as your vehicle
• The cost of hiring someone to do household chores when you could not do them
• Any permanent disfigurement or disability
• Your emotional distress, including anxiety, depression, and any interference with your family relationships
• A change in your future earning ability due to the injury
• Any other costs that were a direct result of your injury