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★ Washington · whiplash

Whiplash settlements
in Washington.

By Reviewed by Abd Shanti, Founder9 min read

Washington lets injured people recover even when partly at fault, but low speed rear end claims are still hard fought. A pro golfer with a herniated neck disc lost after a biomechanical engineer testified, and a driver who sought more than $380,000 was held to a $29,000 jury award the trial judge had tried to raise.

Facts that decide a whiplash 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)
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)
Claims against governmentFile a claim with the city, county or state first, then wait 60 days before suing.RCW 4.96.020, 4.92.100, 4.92.110; see our notice table
united states · sister site
Your whiplash claim in Washington. See the number for your own case.

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

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★ WA · reported whiplash outcomes

What Washington courts have awarded.

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

  • Johnston-Forbes v. Matsunaga
    Supreme Court of Washington · 2014
    Defense verdict, affirmed

    Cathy Johnston-Forbes, an LPGA golfer, was sitting in the back seat of a rental car at a red light in Vancouver in 2006, twisted toward her daughters, when a Ford Mustang hit from behind. Neck pain began that evening and never resolved; an MRI in 2010 showed a herniated disc, and she did not return to the tour. The defense called a biomechanical engineer, the jury found for the other driver, and the Supreme Court held the testimony was properly admitted.

  • Herriman v. May
    Washington Court of Appeals · 2007
    $29,000 jury award reinstated

    Gilbert May’s truck hit Donna Herriman’s truck from behind at low speed in 2003, and he admitted liability. She said she never returned to work as a dental assistant and sought about $264,000 in past and future wages plus medical costs and pain; the defense doctor found a back injury that predated the crash. The jury awarded $16,000 economic, $10,000 noneconomic and $3,000 for her husband. The trial judge ordered additur, but the Court of Appeals reinstated the verdict.

★ WA · whiplash · in practice

What changes the number here.

What actually moves a whiplash settlement in Washington.

  1. 1

    Expect a biomechanical expert in low speed cases. Washington admits that testimony if it rests on an adequate foundation, as Johnston-Forbes shows.

  2. 2

    Earlier injuries shrink awards. Herriman’s prior back problem and degenerative changes supported a much smaller verdict than she sought.

  3. 3

    Being partly at fault only reduces your recovery in Washington; it never bars it.

  4. 4

    Body position at impact is argued both ways. Johnston-Forbes was twisted toward her daughters when hit, and her lawyers said the engineer could not account for that posture.

  5. 5

    A refused referral can hurt. Herriman declined her doctor’s suggestion of a Seattle pain clinic and asked about total disability instead, which the jury heard.

★ 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.

★ whiplash · 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 whiplash claims.

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

Whiplash band structure and severity tiers at the US level.

★ all 15 countries
Whiplash · everywhere

Cross-jurisdiction comparison of whiplash 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.