Personal Injury Mediation in Washington
Mediation is a voluntary, confidential process where a neutral mediator helps both sides reach a settlement without going to trial. In Washington, mediation resolves the majority of personal injury cases and is significantly cheaper and faster than litigation.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Pure comparative fault
Fault System
3 years
Filing Deadline
$18,000 – $85,000
Avg Settlement
How Mediation Works in Washington
Select a Mediator
Both sides agree on a neutral mediator — typically a retired judge or experienced attorney in Washington. Mediators are not decision-makers; they facilitate negotiation.
Opening Statements
Each side presents their position and key evidence. The mediator identifies areas of agreement and dispute.
Private Caucuses
The mediator meets privately with each side to explore settlement positions, discuss weaknesses, and carry offers back and forth.
Negotiation
Under pure comparative fault, fault allocation is a key discussion point. The mediator helps both sides realistically assess litigation risk.
Settlement Agreement
If agreement is reached, a written settlement agreement is signed immediately. It is binding and typically releases all claims.
Washington Injury Law Overview
Washington State applies pure comparative fault, allowing injured plaintiffs to recover regardless of their fault percentage, with damages reduced proportionally. The statute of limitations is 3 years for most personal injury claims. Washington does not mandate no-fault PIP coverage. Seattle and the Puget Sound corridor generate high-volume personal injury litigation including auto accidents, construction site injuries, and maritime claims on Puget Sound and Alaskan waterways. Washington has no general cap on compensatory damages and no cap on pain and suffering awards in most personal injury cases. Medical malpractice claims in Washington have a 3-year limitation period under RCW § 4.16.350 and require a certificate of merit under certain circumstances. Washington courts have been active in product liability litigation, including significant cases against Boeing and other major manufacturers. Washington's Industrial Insurance Act provides workers' compensation administered by the Department of Labor & Industries as the exclusive workplace injury remedy.