Social Security Offset of Worker’s Compensation
If you’ve been involved in an accident in Washington, you might be concerned that sharing a portion of the blame means you cannot recover damages. Fortunately, the state’s legal system is quite favorable to claimants. You can still seek compensation for your losses, even if you’re partially at fault for the accident. Please continue reading to learn how Washington’s comparative negligence rule can affect your claim and how our experienced Personal Injury Lawyers at Calbom & Schwab Group, PLLC, can help you understand your rights.
What is “Pure Comparative Negligence”?
Under RCW 4.22.005, Washington follows the pure comparative negligence rule. This means that you can still recover compensation even if you share some of the blame. However, your compensation will be reduced in proportion to your percentage of fault, but recovery is never eliminated, even if you are 99% at fault. This contrasts with “modified” states, which bar recovery entirely if a claimant is 50% or 51% responsible.
Does This Apply to Wrongful Death Claims Too?
The state’s pure comparative negligence rule also applies to wrongful death cases. However, certain legal criteria must be met. Consequently, any negligence linked to the decedent can diminish the total damages awarded to their survivors. This makes proving liability and minimizing shared fault critical. A qualified attorney can help you build a strong case against unfair fault assessments and pursue the compensation you deserve.
Why Do Insurance Companies Focus So Heavily on Fault Percentages?
Since your compensation is calculated based on your assigned fault percentage, insurance providers have a strong financial incentive to shift as much blame onto you as possible. While insurance always requires providers to handle claims in good faith, they still use every legal tool available to aggressively drive up your comparative fault during negotiations. With no fault threshold barring recovery, they will do everything in their power ot pin more blame on you instead of denying the claim. Keep in mind that increasing a fault assessment by even 15% can drastically lower the final settlement value.
Washington operates under a pure comparative negligence rule, which is designed to ensure that victims can still seek fair compensation even if they are partially responsible for the incident. Under this legal framework, your recovery is simply reduced by your percentage of fault, ensuring that shared liability doesn’t prevent you from pursuing the damages you need to get your life back on track.
At Calbom & Schwab Law Group, PLLC, our legal team is prepared to help you determine how fault impacts your specific case. We will work diligently to protect the full value of your recovery. Connect with our firm today to schedule a consultation.
