Accidents can leave you with physical injuries, emotional stress, and financial uncertainty. Whether you were involved in a car crash in Seattle, a bicycle accident in Spokane, or a fall on unsafe property in Tacoma, it’s important to know your rights under Washington law. This FAQ page provides helpful answers for those recovering from serious incidents in the Evergreen State.
What is the statute of limitations for personal injury in Washington?
In Washington, you have three years from the date of your injury to file a personal injury lawsuit. This applies to most cases, including car accidents, slip and falls, and other incidents caused by negligence. If you miss the deadline, your case may be dismissed.
Can I recover damages if I was partially at fault?
Yes. Washington follows a pure comparative negligence system. You can still recover compensation even if you were mostly at fault, but your compensation will be reduced by your percentage of responsibility. This rule gives injured people more flexibility than some other states.
What types of damages are available after an injury?
You may be eligible to recover economic damages like medical bills, lost wages, and property repairs. You can also seek non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. In rare cases, punitive damages may apply if the conduct was especially reckless.
What should I do after a traffic accident in Washington?
Call the police if anyone is injured or if there’s significant property damage. Exchange information with the other driver, take photos, and collect contact details from witnesses. File a report and seek medical attention even if you don’t feel hurt right away.
Is Washington a no-fault insurance state?
No. Washington is a fault-based state, meaning the person responsible for the accident is also responsible for the damages. You can file a claim with the at-fault driver’s insurance, your own insurance, or pursue a personal injury lawsuit. Make sure to document everything thoroughly.
Can I sue for injuries caused by dangerous property conditions?
Yes. Property owners and businesses in Washington must maintain safe conditions for guests and customers. If you were injured because of negligence, like unmarked spills, loose railings, or poor lighting, you may have a premises liability claim. Be sure to take photos and report the hazard right away.
What happens if the driver who hit me doesn’t have insurance?
If the at-fault driver is uninsured or underinsured, you may be able to recover damages through your own uninsured/underinsured motorist coverage. This optional coverage is available through most insurance providers in Washington. Notify your insurance company as soon as possible after the crash.
How do I get a copy of my accident report?
You can request your crash report through the Washington State Patrol’s online system. Visit https://www.wsp.wa.gov for instructions. You’ll need details like the crash date, location, and names of those involved.
What if I was injured while visiting Washington?
You still have the right to file a claim under Washington law, even if you live in another state. Your claim must be filed in Washington courts and within the state’s three-year time limit. A Washington-based attorney can help handle everything on your behalf.
Can I recover compensation for emotional distress?
Yes. Emotional distress is considered a type of non-economic damage in Washington personal injury cases. Symptoms like anxiety, depression, PTSD, and fear of driving again may all be compensable. Medical documentation can help support your claim.
Are dog owners liable for bites or attacks?
Yes. Washington has a strict liability law for dog bites. If a dog bites someone, the owner is responsible, regardless of whether the dog has shown aggression in the past. Always report bites to local authorities and seek immediate medical treatment.
What should I do if a loved one died in an accident?
Surviving family members may file a wrongful death claim in Washington. Compensation may cover funeral costs, loss of companionship, emotional suffering, and lost financial support. These cases must usually be filed within three years of the date of death.