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Washington Personal Injury Law

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    Negligence

    • Negligence is defined in Black's Law Dictionary as "the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation." In Washington, as in most states, to prove negligence a plaintiff must show that the defendant owed them some duty of care that was breached, resulting in an injury for which the plaintiff suffered damages.

    Pure Comparative Negligence

    • In Washington, the courts follow a pure comparative negligence system. This means that in determining the amount of damages owed to the plaintiff, the judge or jury will assign a percentage of fault to each party and that party is then responsible for the corresponding proportion of the monetary damages suffered.

    Statute of Limitations

    • A statute of limitations is a period of time within which a lawsuit must be filed. In Washington, the statute of limitations for personal injury claims is three years. If an injured party is a minor at the time of the injury, the three-year period runs from the date of his 18th birthday.

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