What is a negligence claim?
Negligence claims are a type of civil lawsuit that arise from an individual or group’s failure to act responsibly or take the proper precautions to prevent harm to another person. Negligence claims can arise from a number of areas, including medical malpractice, premises liability, auto accidents, and other situations. Under Washington’s negligence laws, a plaintiff must prove that there was a duty owed by the defendant to the plaintiff, that the defendant breached this duty, and that the plaintiff was injured due to the defendant’s negligence. In some cases, Washington courts may require a plaintiff to prove that the defendant’s negligence was more significant than just simple carelessness. This is known as the “comparative fault” standard and requires the plaintiff to prove that the defendant’s negligence was a more significant factor in causing the injury than any negligence on behalf of the plaintiff. For negligence claims to be successful in Washington, the plaintiff must be able to prove their claim with evidence. This may include testimony from witnesses, medical documents, police reports, photographs, or other evidence that relates to the accident or incident in question. Depending on the type of negligence claim, a plaintiff may be awarded past and future medical expenses, lost wages, pain and suffering, and other damages.
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