Personal Injury Basics: Washington, D.C.’s Contributory Fault Laws
It is a common misconception that any time a person sustains a serious injury, that victim may sue another person or entity for compensation. In fact, you can only start a personal injury lawsuit in Washington, D.C. if your injury was the direct result of another person’s negligence. For example: if you are sitting backwards on a see-saw, and then fall off the see-saw and hit your head, you are responsible for your injuries – not the creators of the see-saw, or the people who maintain the playground, or the person who designed the park.
However, if you are facing the right way on that see-saw and it suddenly breaks in half because a design defect made it unable to support the weight it claims to support, and when you fall you fracture your tailbone, then you are not at fault for your accident, and the manufacturer of the see-saw may be held liable for your injuries.
We understand that most people who are considering a personal injury lawsuit have not been ill-used by playground equipment; we used this example as a simple way of explaining Washington, D.C.’s law regarding contributory fault. If the injuries you suffered after an accident are deemed in any way even partially your fault, you are no longer able to collect damages.
How your whole case may be affected by contributory fault
There is really only one benefit of a contributory fault law for victims: you can rest easy that any personal injury lawyer in Washington, D.C. who accepts your case believes that you are not at fault. Thus, you can be assured that you will not begin litigation on a case with no chance of winning.
Other than this, however, there is nothing about contributory fault that helps an injury victim. In truth, the victim may suffer more because it prevents you from collecting any damages for your pain and suffering – and it can also affect your insurance negotiations, too. Because D.C. courts are required to apply the contributory fault law to all personal injury cases, your insurance company may try to use that as leverage against paying out a larger settlement.
The exception to the rule
Auto accidents have their own set of rules when it comes to seeking damages. In Washington, D.C., you must negotiate with your own insurance company for compensation, regardless of who is at fault. The only time you can start a claim against another person’s insurance company is if:
- Your medical bills are higher than what your policy will cover
- You suffer permanent disfigurement, such as losing a limb or severe scarring
- The accident has rendered you unable to function in your daily life for at least three months
For these reasons, it is imperative that you contact a skilled personal injury attorney who is familiar with the laws governing lawsuits in Washington, D.C. You generally have up to three (3) years from the date of the accident to start a lawsuit, though suits against the government must be started within six (6) months.
For more information about contributory fault laws, we invite you to contact Paulson & Nace, PLLC.
Christopher T. Nace works in all practice areas of the firm, including medical malpractice, birth injury, drug and product liability, motor vehicle accidents, wrongful death, and other negligence and personal injury matters.
Read more about Christopher T. Nace.