Advocacy


Published on Feb 19, 2021

Substantial increase to tort claims payment costs seen in new bill

Contact: Sharon Swanson, Jacob Ewing

A bill that would substantially increase costs for local governments received a last-minute hearing in the Senate Ways & Means Committee.

SB 5155, sponsored by Senator Patty Kuderer (D–Clyde Hill), would allow interest on judgments for tortious conduct to begin to accrue from the date on which a person suffers an injury or loss. This means interest would start to accrue before a claim was filed and before a city was made aware of the injury or loss. The change in legislation would apply to public entities, such as local governments.

Current law provides that interest begins to accrue on the date a judgment is entered by a court.

The bill is yet another example of a trend from the 2021 Legislature to increase costs and liability for local governments. SB 5155 would do nothing to provide actual relief to injured parties, nor would it offer relief for overburdened courts. The bill would create additional financial incentives for parties to delay filing a cause of action and for trial attorneys to file additional claims. The statute of limitations on many civil claims is three years. Courts are already overburdened; sometimes it can take years for a case to come to trial. The bill would penalize defendants for events and timelines outside of their control.

SB 5155 would add additional financial burdens at a time when our cities are struggling with the costs associated with the pandemic and resulting economic impacts.

AWC opposes SB 5155. We urge you to reach out to your legislator and express your opposition to the bill.

  • Advocacy
  • General government

 

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