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★ Washington · head & brain

Head & brain settlements
in Washington.

By Reviewed by Abd Shanti, Founder9 min read

Washington has no cap on brain injury damages, and its Supreme Court has upheld large verdicts: $12.75 million for a firefighter who fell 15 feet through a fire station pole hole. In 2020 it also restored a verdict for a woman who fell from a rotten balcony railing after a night of drinking.

Facts that decide a head & brain claim in Washington

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)
Intoxication defenseA complete defense applies only if the injured person was intoxicated, the intoxication was a proximate cause, and the jury finds that person more than 50 percent at fault.RCW 5.40.060(1), as quoted in Gerlach v. Cove Apartments (Wash. 2020)
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)
united states · sister site
Your head & brain claim in Washington. See the number for your own case.

FairSettlement gives you a free estimate for your own head & brain case in about two minutes, no cost and no obligation.

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★ WA · reported head & brain outcomes

What Washington courts have awarded.

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

  • Jones v. City of Seattle
    Supreme Court of Washington · 2013
    $12,750,000 verdict, affirmed

    Seattle firefighter Mark Jones got up to use the bathroom at about 3 a.m. in December 2003 and fell 15 feet through the station’s pole hole, suffering physical and cognitive impairments. He alleged the City should have blocked the pole hole door. The jury awarded $12.75 million, including $10 million noneconomic and $2,433,006 for future medical care, and found the City solely at fault. The Supreme Court found the exclusion of late defense witnesses was error but harmless, and affirmed.

  • Gerlach v. The Cove Apartments
    Supreme Court of Washington · 2020
    Verdict reinstated; landlord 93% at fault

    After a night out in 2012, Kimberly Gerlach fell from the second story balcony of her boyfriend’s apartment when the decayed railing gave way, suffering a traumatic brain injury, skull fractures and brain bleeding that needed surgery. A blood test showed a BAC of about 0.219, but the trial judge excluded it. The jury found the landlord 93 percent at fault. The Court of Appeals ordered a new trial, and the Supreme Court reversed and reinstated the verdict.

★ WA · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in Washington.

  1. 1

    No cap means lifetime care drives value. Jones’s award included $2.43 million for future medical care.

  2. 2

    Drinking does not end a claim in Washington. The intoxication defense needs more than 50 percent fault, and Gerlach’s BAC was kept from the jury.

  3. 3

    Employers and landlords are judged on known hazards: an open pole hole door and a rotten railing.

★ 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.

★ head & brain · 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 head & brain claims.

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

Common questions.

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

united states · sister site
Hurt in a car crash in Washington? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

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Sources

Checked 2026-09-29.

★ all of WA
Washington overview

Fault rule, statute, caps, and key facts for Washington as a whole.

★ national frame
Head & brain in United States

Head & brain band structure and severity tiers at the US level.

★ all 15 countries
Head & brain · everywhere

Cross-jurisdiction comparison of head & brain bands.

★ 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.