How to address comparative fault in your personal injury case

In a Washington personal injury lawsuit, your compensatory recovery can be significantly reduced if you’re found to have contributed to the accident, even though you’ve won your case.

This is because Washington recognizes contributory fault, which defense attorneys commonly rely upon to help their clients reduce liability.

What can you do to defend against contributory fault arguments?

The answer to this question is going to depend on the facts at hand. That said, there are some general steps you can take to prepare yourself to counter the defense’s arguments in this regard. Let’s look at some of them here:

• Know where you’re vulnerable: Closely and thoroughly analyze the facts of your case so that you can identify where the defense is likely to attack your claim. That way you can prepare your counterarguments.
• Refocus: Remember, contributory fault is all about the percentage of fault that’s assigned to you. If you can refocus fault arguments on the defendant’s actions, then you might be able to minimize their contributory fault
• Give damages the attention they deserve: A lot of people think that proving fault is everything in a personal injury case. While it’s certainly important and you can’t win your case without proving liability, showing your damages is just as important. So, even if you’re found to be comparatively at fault, you can still protect your recovery by focusing on increasing the damages that you demonstrate.

Take a holistic approach to your case

The way you handle your personal injury case can have tremendous implications for your future. So, as you prepare to enter the legal arena, be sure to assess every aspect of your case so that you have the arguments you need to protect your claim and your future. If you want additional guidance in that regard, then continue to research this area of the law and what you can do to position yourself for success.

Matthew D. Dubin

Matthew D. Dubin has represented injured people throughout Washington since 1995. He is the founding attorney of Dubin Law Group and focuses his practice on personal injury claims involving motor vehicle accidents, dangerous products, premises liability, catastrophic injuries, and wrongful death.

Education

• License Number: 25378
• University of Washington School of Law, Seattle, Washington – J.D.
• Yale University, New Haven, Connecticut – B.A.

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