Hiring a Construction Accident Lawyer in Washington
When an injured construction worker in Washington can sue beyond workers' comp, the deadline to sue, how lawyers usually charge (contingency fees), how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Washington: fee rules
| Rules on contingency fees | Under Washington RPC 1.5(c), a contingent fee agreement must be in a writing signed by the client and must state how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated, clearly notifying the client of expenses owed whether or not the client prevails. At the end, the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. Where all or part of a recovery is paid in the future, the percentage fee is paid only as the client receives the amounts, or applied to the actual cost of the settlement or award to the defendant. RPC 1.5(d) bars fees in domestic relations matters contingent on securing a dissolution or annulment or on the amount of maintenance, support or property settlement, and contingent fees for defending a criminal case. |
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| If you disagree with a lawyer's bill | The Washington State Bar Association does not resolve fee disputes. It refers people to Resolution Washington and to the Washington State Dispute Resolution Centers listed by the courts. |
| If a lawyer takes your money | The WSBA's Client Protection Fund, overseen by the Client Protection Board, aims to relieve or mitigate a client's financial loss caused by a licensed legal professional's dishonesty or failure to account for money or property entrusted in connection with their law practice. Complete the Application Form (English or Spanish) and email it with supporting documents to cpfund@wsba.org; the CPF Procedures document is linked on the page. |
Washington rules to know first
| Construction site injuries | Washington's industrial insurance law abolished civil lawsuits by injured workers against employers, replacing them with no-fault benefits 'to the exclusion of every other remedy' except as the law provides. The exceptions in the statute are an injury caused by the employer's deliberate intention to injure, and claims against a third person not in the worker's same employ (such as another contractor or equipment maker). |
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| Fault rule | Pure comparative fault. An injured person's own fault reduces their damages proportionately but does not bar recovery, no matter how large their share of fault. Source: Rev. Code Wash. § 4.22.005 |
| Deadline to sue | Three years for any injury to the person or rights of another not otherwise listed in the limitations statutes. Source: Rev. Code Wash. § 4.16.080(2) |
Find and check a lawyer
| Lawyer referral service | The Washington State Bar Association does not provide referrals to private attorneys. It points the public to local county bar association referral services in Clark, King, San Juan (by email request), Snohomish and Tacoma-Pierce Counties, and to the American Bar Association's lawyer referral directory. |
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| Check that the lawyer is licensed | The Washington State Bar Association's Legal Directory lets anyone search currently licensed Washington lawyers (and limited practice officers and limited license legal technicians) for contact, license and discipline information. It shows license status and type (such as Active, Inactive, Suspended or Disbarred), email and phone, city, county and zip, and discipline notices on the profile; it does not show admission date or full street address. Practice details are voluntary and may be incomplete. |
| Check discipline history or file a complaint | The Washington State Bar Association reviews complaints (grievances) about a lawyer's ethical conduct. File online with the E-Grievance Form or print the Grievance Form and mail it to Washington State Bar Association, 1325 Fourth Ave., Suite 600, Seattle, WA 98101-2539; questions to intake@wsba.org or 800-945-9722 (206-443-9722 local). The WSBA suggests reading its guide 'Lawyer Discipline in Washington' and the grievance FAQ first. For help reestablishing communication or getting your client file, use the Request for Assistance Form instead. Discipline notices appear on lawyers' Legal Directory profiles. Online grievance form: https://onlinegrievance.wsba.org/ |
Free legal help
| Free legal aid | CLEAR (Coordinated Legal Education, Advice and Referral), run by the Northwest Justice Project, is a legal advice and referral hotline for low-income Washington residents with civil legal problems (incomes at or below 125% of the poverty line). Outside King County, call 1-888-201-1014 weekdays 9:15 am-12:15 pm; King County residents call 2-1-1 (weekdays 8:00 am-6:00 pm). Seniors 60+ can call CLEAR*Sr at 1-888-387-7111. Court-affiliated self-help centers also offer free, limited legal services to self-represented litigants. LSC lists the Northwest Justice Project as its Washington grantee. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.