Washington · Comparative Negligence

Washington Comparative Negligence Rule

Washington follows a pure comparative rule under Wash. Rev. Code § 4.22.005. Recovery is allowed at any percentage of fault. Damages are reduced in direct proportion to the claimant's share.

Updated 2026-05-22 · See all 50 states

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Key facts: Washington

Rule type: Pure comparative
Max fault to recover: No cap (99%)
How recovery works: Recovery is allowed at any percentage of fault. Damages are reduced in direct proportion to the claimant's share.
Last verified: 2026-05-22
Source type: Primary (state statute)

Details for Washington

Pure comparative fault; contributory fault diminishes damages proportionally but does not bar recovery at any percentage.

Related: Washington statute of limitations

Washington gives you 3 years to file a personal injury lawsuit under Wash. Rev. Code § 4.16.080.

See the full Washington statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed Washington attorney before relying on it.

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Washington Comparative Negligence FAQ

What comparative negligence rule does Washington follow?

Washington follows a pure comparative rule under Wash. Rev. Code § 4.22.005. Claimant can recover at any percentage of fault; damages are reduced proportionally. Recovery is allowed at any percentage of fault. Damages are reduced in direct proportion to the claimant's share.

Can I still recover if I was partly at fault for the accident in Washington?

Yes. Washington uses pure comparative negligence, so you can recover damages even if you were mostly at fault. Your recovery is reduced by your percentage of fault.

How does this affect settlement negotiations in Washington?

Insurance adjusters argue percentage of fault to reduce what they pay. Because Washington is a pure-comparative state, even a contested-liability case has settlement value; the only question is the size of the discount.

What is the personal injury statute of limitations in Washington?

Washington gives you 3 years to file a personal injury lawsuit under Wash. Rev. Code § 4.16.080.

Where can I read the actual rule?

The controlling authority is Wash. Rev. Code § 4.22.005. The full text is available at https://app.leg.wa.gov/rcw/default.aspx?cite=4.22.005.

See comparative negligence rules for all 51 covered states

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