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★ Washington · back & spine

Back & spine settlements
in Washington.

By Reviewed by Abd Shanti, Founder9 min read

A driver who ignored a Washington lawsuit over two rear end collisions ended up with a $2,155,835.58 judgment against her after the injured woman had neck fusion and lumbar surgery, and the Supreme Court reinstated it after it had been set aside. At the other end, a side swipe with back and neck strain produced $22,000.

Facts that decide a back & spine claim in Washington

Fault rulePure comparative fault: your own fault “diminishes proportionately the amount awarded as compensatory damages … but does not bar recovery.”RCW 4.22.005
Deadline to sueThree years for an action for “any other injury to the person or rights of another.”RCW 4.16.080(2)
No damages capThe 1986 limit on noneconomic damages violated the right to a jury, which the constitution protects as inviolate.Sofie v. Fibreboard Corp. (Wash. 1989)
Seat belt useNot wearing a seat belt does not constitute negligence and is not “admissible as evidence of negligence in any civil action.”RCW 46.61.688(6)
★ WA · reported back & spine outcomes

What Washington courts have awarded.

Real Washington decisions and verdicts, each linked to the court record or official report.

  • Supreme Court of Washington · 2007
    $2,155,835.58 default judgment reinstated

    In 1999 Annie King rear ended Lisa Little twice on a freeway, the second time as they merged back into traffic after exchanging insurance information. She had a cervical discectomy and fusion at C5-6 five months later, a second neck surgery, and in 2001 surgery at three lumbar levels, and she stopped working in 2000. King never answered the suit and did not contest the default, and Little’s underinsured motorist insurer, given notice, chose not to intervene. The court entered judgment for $2,155,835.58, including $1,256,601.10 in future economic damages. The Court of Appeals set it aside, but the Supreme Court reinstated it.

  • Washington Court of Appeals · 2012
    $22,000 verdict

    Stacey Cooper pulled out of a parking spot in Seattle into the side of Patricia Stedman’s van in 2006. A doctor described hyperextension and hyperflexion injuries to her neck and mid and low back and sacroiliac joint. Arbitration awarded $23,300, Cooper requested a trial de novo, and a jury awarded $22,000. The Court of Appeals upheld the exclusion of the defense biomechanical testimony but reversed the attorney fee award.

★ WA · back & spine · in practice

What changes the number here.

What actually moves a back & spine settlement in Washington.

  1. 1

    Never ignore a lawsuit. King’s default left a $2.16 million judgment that neither she nor the insurer could set aside.

  2. 2

    Keep your underinsured motorist carrier informed. In Little, the insurer had notice and chose not to intervene.

  3. 3

    Mandatory arbitration comes first for smaller claims. Stedman’s case went to arbitration before a jury saw it.

★ WA · statute of limitations
3 years from date of injury

RCW § 4.16.080

★ WA · fault rule
Pure comparative negligence

Pure comparative negligence under RCW 4.22.005.

★ back & spine · same region & fault regime

Compare to like jurisdictions.

How Washington's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for back & spine claims.

JurisdictionFault ruleLimitationBack & spine page
Washington · you are herePure comparative negligence3 years from date of injury—
WyomingModified comparative, 51% bar4 years from date of injuryWY · back & spine →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · back & spine →
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · back & spine →
ColoradoModified comparative, 50% bar2 years for personal injury; 3 years for motor vehicleCO · back & spine →
HawaiiModified comparative, 51% bar2 years from date of injuryHI · back & spine →
IdahoModified comparative, 50% bar2 years from date of injuryID · back & spine →
ArizonaPure comparative negligence2 years from date of injuryAZ · back & spine →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · back & spine →
MississippiPure comparative negligence3 years from date of injuryMS · back & spine →
MissouriPure comparative negligence5 years for personal injury; 2 years for medical malpracticeMO · back & spine →
West VirginiaModified comparative, 51% bar2 years from date of injuryWV · back & spine →
WisconsinModified comparative, 51% bar3 years from date of injuryWI · back & spine →
★ WA · back & spine · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Washington. See /methodology, /sources, and /disclaimer.