Barbara McInvaille General Practice Law Blog on Lawyers.com

In the United States, most civil law governing accident and injury litigation is under the jurisdiction of state governments. If you are injured in an accident, offered a settlement or considering filing a lawsuit, one of the reasons it is important to consult with a personal injury attorney in Tacoma before you make any decision to settle or file a lawsuit is so that you can avoid any misunderstanding or misinterpretation of Washington State law and court procedures.

Who is negligent?

Washington State law operates under a system of pure comparative negligence.  What that means is this:

In the case of a lawsuit for damages attributed to an injury caused in an accident, a judge or jury assigns a percentage of fault to each party responsible for the accident, even including the injured party.  Each responsible party must pay a portion of any damage award, according to an amount (usually stated as a percentage) of fault. 

For instance, suppose a driver, Jane, under the influence of alcohol, loses control of her car on a dark and narrow street.  The automobile jumps a curb, runs across a sidewalk, and pins a pedestrian, Tom, against a building, killing him.  Tom’s wife, as plaintiff, brings a civil action for wrongful death against Jane.  

It may seem clear that Jane, the defendant in this case, was at fault.  But Jane may be able to defend herself by proving that Tom also had a high blood alcohol level, and that his inebriation contributed to the accident. Perhaps Tom was unable to leap out of the way of the oncoming car, or he had actually stumbled off the sidewalk into the street causing the driver to veer suddenly.  A judge or jury may find that Tom was at least partly at fault for the accident that killed him. 

If the court ruling is that Tom’s wife is entitled to $1 million for loss of income and companionship, and the finding is that Tom was 10% responsible for his own death, Jane will be liable for $990,000.  If Jane can also prove that the city had failed for months to repair a huge pothole in the road that jolted her car out of control, she may be able to reduce her liability even more, forcing the city to pay a portion of the damages awarded to Tom’s wife.

 Washington courts rule under a modified joint and several liability system when several defendants are named in a lawsuit.  If all of the defendants acted (or failed to act) together to cause an accident, or if the plaintiff had no fault at all in the accident (as in most medical malpractice cases), the defendants will each be responsible for the full amount of damages.  In other words, they will be subject to “joint and several liability.”  However, if, as in the case against Jane, the parties responsible for an accident acted (or failed to act) independently or the plaintiff bears a portion of blame, each defendant’s responsibility will be in proportion to his share of the fault. 

Thirteen states, including Washington, follow this pure comparative negligence system.  Other states use a modified comparative negligence rule.  In a handful of states, if an injured party was in any degree responsible for the accident, the defendant cannot be held liable at all for damages.

Now you see why it is so critical to determine fault in an accident.  Your word alone is not sufficient.  Your excellent personal injury lawyer will examine accident reports, interview witnesses, encourage you to keep a diary about the accident and its aftermath, and study the accident scene among other investigative tasks.  He or she will know how to be sure the settlement or damages awarded are fair to you.
What is a statute of limitation?

All states have statutes that restrict the period of time following accidents and injuries during which a person may bring a lawsuit for personal injury or wrongful death.  After a certain period of time has passed, a person no longer has the right to sue to recover damages from an accident. 
In Washington State, these are some (but not all) of the limitations on actions for personal injury:

? Personal injury and wrongful death lawsuits must be filed within three years from the date of the injury/death.
? Libel, slander, and defamation suits must be filed within two years from the date of the libelous, slanderous or defamatory action.
? Medical malpractice lawsuits must be filed within three years of the date of the health care act resulting in an injury, or within one year of the date an injury was, or should have been, discovered, whichever is later.  An action for medical malpractice may not be brought more than eight years after the date of the action that caused the injury.
? Product liability suits must also be filed within three years from the date of injury, or within three years of the date the injury was, or reasonably should have been discovered.

It is obvious that at least some of these statutes leave room for debate about when the limitation begins running.  In addition, a statute of limitations can be “tolled” or put on hold for a period of time under certain circumstances.  The victim of an injury may have been a minor or may have been mentally incapacitated  at the time of the injury.

So, now you see again why you are advised to first seek medical care immediately any time you are involved in an accident, and soon thereafter to contact an experienced personal injury accident attorney.

Contributed by The Law Office of Robert Helland, a Tacoma accident law firm, 888-556-3564, 960 Market Street Tacoma, WA 98402-3605.