Collecting Damages when a Victim is at Fault

According to a KOMO , in March 2017, two teenage boys were injured in a car wreck. The wreck left the car the boys were in wrapped around a tree in South Seattle.

The accident happened in the 1000 block of South Cloverdale Street around 2 a.m. It took about 45 minutes to extricate the driver from the wreckage. The passenger was injured too.

Both boys were taken to the hospital. One boy was critical condition. The other boy was in stable condition.

At the time of the crash, police were still investigating what caused the crash. However, police do believe speed was a factor in the crash.

Liability in a Seattle Personal Injury Claim

In order to successfully recover damages in a personal injury claim, someone must be at fault. The term “fault” refers to person causing the accident that injured the victim. Being at fault for an accident makes them liable to the injured victim. This means the at-fault party must pay the accident victim, also called a plaintiff, money for:

Unfortunately, not every defendant is completely at fault for an accident. A plaintiff may have done something to cause the accident too. Washington State has a remedy to determine liability when a plaintiff and defendant is at fault. It is called Pure Comparative Fault Rule.

Pure Comparative Fault Rule in a Seattle Accident with Injuries

The Pure Comparative Fault Rule, also called pure comparative negligence theory, allows a plaintiff to collect damages when they were at fault for the accident. The plaintiff can be up to 99 percent at fault for the accident and recover damages.

The tricky part of this rule involves the amount of damages they can receive. The higher a plaintiff’s fault, the lower their damages. For instance, a plaintiff may sue for $ 2,000 in damages because they were injured a car accident. However, it was determined they did not obey a traffic law. The plaintiff would not receive the full amount of their claim, but a portion of it. The portion would depend on their how much they are at fault.

Contact Gosanko, O’Halloran, Lepore PLLC regarding Your Seattle Personal Injury Claim and Liability

You were injured in an accident, but you think you were partially at fault. You may be hesitant to file a claim. Contact Gosanko, O’Halloran, Lepore PLLC. Let us determine fault and how to proceed with your claim. You have a right to file to recover damages. Contact us today.

The post Collecting Damages when a Victim is at Fault appeared first on Gosanko, O’Halloran, Lepore PLLC.