OLYMPIA — Lawsuits are costing local and state taxpayers in Washington too much, some lawmakers say.
Months after a proposal to change how state and local governments respond to claims of misconduct stalled, an advisory committee has spent much of the summer exploring how state lawmakers could rein in the mounting costs.
The debate centers on how to slow the growth of settlements while maintaining a system that allows citizens to hold governments accountable for wrongdoing.
Among the options discussed last week are limiting the statute of limitations for childhood sexual abuse, modifying the standard of care to narrow when the state can be held liable and limiting what percentage of payments attorneys can receive.
The discussion by the tort study committee, which comprises personal injury attorneys, victim advocates, and state and local government representatives, are part of a draft list of recommendations the committee is compiling.
The committee is expected to finalize a list of recommendations and release a full report this fall.
Eric Roth, an assistant chief administrative law judge for the Washington state Office of Administrative Hearings, said during a meeting Wednesday the committee is on a "tight timeline" to submit a draft of the report by Oct. 1.
Roth said ideas are not intended to be an endorsement , but are "brainstormed from the discussion."
Any modifications to state laws would need to be approved by the Legislature. The discussion comes as state and local governments increasingly pay more each year to settle claims of abuse or neglect.
Between July 1, 2025, and June 30, 2026, the state paid $537 million in settlements and court verdicts, with most of the cases originating from misconduct by the Department of Children, Youth and Families, which oversees child welfare, juvenile rehabilitation, early care and education and family support services.
Many of the lawsuits result from conduct that occurred decades ago, which state officials say are especially difficult to defend, since the length of time between the misconduct and the claim makes it challenging to corroborate information by talking to witnesses or examining documents.
Additionally, the state paid $76 million in legal defense costs in these cases last fiscal year.
The amount the state government has paid has steadily increased in recent years. Between July 1, 2024, and June 30, 2025, the state paid nearly $500 million in payouts, up from the $100 million the state paid between July 1, 2020, and June 30, 2021.
Local jurisdictions have felt the strain, too.
Earlier this month, the Spokane Valley City Council agreed to a $3 million settlement with the family of an 18-year-old killed in a crash in 2022. Although the driver of the car was convicted of vehicular homicide, the family argued the city was at least partially liable because it maintained a dangerous road design.
A jury earlier this year awarded two former students and their parents a total of $17 million from the Mead School District for the hazing they suffered.
In a report last month, the Washington State Association of Counties found that claims to the submitted to the Washington Counties Risk Pool have increased by more than 60% since 2021.
"The costs are ultimately borne by local taxpayers either through higher taxes or reduced public services," the report states.
The report further found that the financial impact on counties in the state is "real and accelerating."
"Insurance premiums have risen hundreds of percent in just a few years. Some coverage is no longer available," the report states. "Small counties — those with the fewest resources — face the greatest proportional risk."
Part of the increase can be tied to a 1989 state Supreme Court decision that declared a rule capping damages awarded by a jury as unconstitutional, meaning there is no limit to how much can be awarded following a trial. According to the Washington State Association of Counties report, at least 33 states cap the damages that can be awarded in lawsuits against government entities.
In recent years, state lawmakers have sought to curb the state's drastic increase in payouts to settle lawsuits.
Earlier this year, lawmakers attempted to require that certain older cases against the state or local jurisdictions go through an arbitration process before proceeding to trial. The bill also would have required legislative hearings on judgments or settlements of claims against the state once they exceed $5 million.
It's not clear exactly how much money the system could save the state in legal costs. While the proposal passed the state Senate, it ultimately died in committee in the House of Representatives without a vote.
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