Back & spine settlements
in Washington.
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 rule | Pure comparative fault: your own fault “diminishes proportionately the amount awarded as compensatory damages … but does not bar recovery.”RCW 4.22.005 |
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| Deadline to sue | Three years for an action for “any other injury to the person or rights of another.”RCW 4.16.080(2) |
| No damages cap | The 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 use | Not 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) |