Barbara McInvaille General Practice Law Blog on Lawyers.com

Determination of fault is especially important in accident or personal injury cases in Washington State because state courts apply a pure comparative negligence standard. 

Negligence is simply failure to exercise ordinary care, like driving under the influence, or failing to maintain property, or carelessness in practicing medicine. When negligence causes an unexpected and unnecessary accident injury, the injured person may sue for damages. The court may award the injured person compensation for medical bills, destroyed property, lost wages, future wages, disability, emotional distress, and other hardships resulting from the accident.

In the case of a lawsuit for damages attributed to an injury caused in a Tacoma accident, for instance, a judge or jury assigns a percentage of fault to each party responsible for the accident. Each responsible party must pay a portion of any damage award, according to an amount (usually stated as a percentage) of fault. Even the plaintiff, the injured person who brings the suit, may be determined to be partially responsible for his accident. Comparative negligence can offer a partial legal defense that may reduce the amount of damages that a defendant must pay a plaintiff, if the defendant can prove that either the plaintiff had some part in causing the accident or that another party was involved in causing the accident.

Therefore, it is especially important to gather as much information as you can about your accident when you have been injured by someone else's carelessness.  It is also crucial to hire an experienced accident injury attorney.  Your attorney will use the information you provide and his investigation reveals to see that your injury claim results in a fair and sufficient settlement or damage award.

To prove negligence in Washington State, you must show that:

• The person who caused your accident/injury owed you a duty.
• The person failed to carry out that duty.
• You suffered damages to your person as a result of the other person’s failure.

If you were injured by normal use of a consumer product, you must prove that:

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

Evidence is crucial. Your attorney will treat you as a partner in gathering proof of the allegations you will make.  You can help your lawyer by taking immediate steps to preserve evidence:

• Get contact information for anyone else involved in the accident, any potential witnesses, and any first responders (police or EMTs).
• Draw diagrams or take pictures of the site.
• Write down everything you remember about the accident.
• Preserve any damaged property or take photographs before necessary repair.
• Keep records of medical expenses, time lost from work, the cost of hiring someone to do household chores if you could not do them because of injury.
• Keep medical records of injury, disfigurement or disability caused by the accident.
• Keep contact information for anyone providing you treatment after the accident (doctors, chiropractors, physical therapists).
• Keep a diary of your emotions following the accident, including any anxiety, depression, or interference with relationships.

Brought to you by the Tacoma accident attorneys of The Law Office of Robert Helland, 960 Market Street Tacoma, WA 98402-3605, 1-888-556-3564.