Fracture settlements
in Washington.
Washington applies pure comparative negligence with a 3-year SOL. The state's non-economic cap was struck down in Sofie v. Fibreboard (1989) on jury-trial grounds and has not been re-imposed. For fracture claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Washington's pure comparative negligence.
Washington applies pure comparative negligence, which means a fracture claimant who is partly responsible for their own injury still recovers — the award is reduced by the percentage of fault attributed to them, but never barred. This is materially more claimant-friendly than the modified or contributory rules in neighbouring jurisdictions, and it shows up in fracture settlements where comparative fault is contested (the claimant who failed to mitigate, the unbelted occupant, the worker who departed from a safety protocol).
Washington does not impose a state-specific statutory cap on the standard heads of damage in fracture cases. The band is constrained primarily by jury verdict ranges, insurance policy limits, and the strength of the medical paper trail. Catastrophic fracture claims with documented future care needs can clear the upper end of the band without bumping into a statutory ceiling.
The US band is the starting point. Washington's fault rule and any applicable cap then adjust the figure.