Wash. Rev. Code » Title 4 · Chapter 4.22
Revised Code of Washington

Wash. Rev. Code § 4.22.060 (2026)

Effect of settlement agreement

✓ current as of May 2026
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(1) A party prior to entering into a release, covenant not to sue, covenant not to enforce judgment, or similar agreement with a claimant shall give five days' written notice of such intent to all other parties and the court. The court may for good cause authorize a shorter notice period. The notice shall contain a copy of the proposed agreement. A hearing shall be held on the issue of the reasonableness of the amount to be paid with all parties afforded an opportunity to present evidence. A determination by the court that the amount to be paid is reasonable must be secured. If an agreement was entered into prior to the filing of the action, a hearing on the issue of the reasonableness of the amount paid at the time it was entered into may be held at any time prior to final judgment upon motion of a party.
The burden of proof regarding the reasonableness of the settlement offer shall be on the party requesting the settlement.
(2) A release, covenant not to sue, covenant not to enforce judgment, or similar agreement entered into by a claimant and a person liable discharges that person from all liability for contribution, but it does not discharge any other persons liable upon the same claim unless it so provides. However, the claim of the releasing person against other persons is reduced by the amount paid pursuant to the agreement unless the amount paid was unreasonable at the time of the agreement in which case the claim shall be reduced by an amount determined by the court to be reasonable.
(3) A determination that the amount paid for a release, covenant not to sue, covenant not to enforce judgment, or similar agreement was unreasonable shall not affect the validity of the agreement between the released and releasing persons nor shall any adjustment be made in the amount paid between the parties to the agreement.
[ 1987 c 212 s 1901; 1981 c 27 s 14.]
Notes of Decisions
Cited in 137 cases (19 in the last 5 years), 1983–2026 · leading case: Barton v. Dep't of Transp., 308 P.3d 597 (Wash. 2013).
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Barton v. Dep't of Transp., 308 P.3d 597 (Wash. 2013). · cites it 51× “Essentially, the State asks this court to determine whether the Stipulation released the Linvogs within the meaning of RCW 4.22.060 and .070 — a question not reached by the trial court or the Court of Appeals.”
Bird v. Best Plumbing Grp., LLC, 287 P.3d 551 (Wash. 2012). · cites it 30× “¶8 After Farmers received notice of the settlement, Bird moved for a determination that the settlement was reasonable under RCW 4.22.060. The trial court granted Farmer’s motion to intervene, motion for a continuance, and motion for discovery, but denied its motion for a jury…”
Brewer v. Fibreboard Corp., 901 P.2d 297 (Wash. 1995). · cites it 40× “030, the Court of Appeals, Division Two, certified to this court for review a decision of the Kitsap County Superior Court which under RCW 4.22.060 reduced a jury award in a personal injury case against multiple defendants by setoffs in the amount of prior settlements.”
Brewer v. Fibreboard Corp., 127 Wash. 2d 512 (Wash. 1995). · cites it 39× “030, the Court of Appeals, Division Two, certified to this court for review a decision of the Kitsap County Superior Court which under RCW 4.22.060 reduced a jury award in a personal injury case against multiple defendants by setoffs in the amount of prior settlements.”
Meadow Valley Owners Ass'n v. St. Paul Fire & Marine Ins. Co., 156 P.3d 240 (Wash. Ct. App. 2007). · cites it 27× “A party prior to entering into a release, covenant not to sue, covenant not to enforce judgment, or similar agreement with a claimant shall give five days' written notice of such intent to all other parties and the court.”
Meadow Valley Owners Ass'n v. Meadow Valley, LLC, 137 Wash. App. 810 (Wash. Ct. App. 2007). · cites it 26× “060(1), *817 the court must determine whether the settlement amount to be paid is reasonable. A party prior to entering into a release, covenant not to sue, covenant not to enforce judgment, or similar agreement with a claimant shall give five days’ written notice of such intent…”
Diaz v. State, 285 P.3d 873 (Wash. 2012). · cites it 13× “080 authorized the jury in a medical malpractice case to reduce the injured person’s damages by the amount of prior settlements, but under RCW 4.22.060, the judge reduced the injured person’s damages by the amount of prior settlements or their reasonable value.”
Washington State Physicians Ins. Exch. & Ass'n v. Fisons Corp., 858 P.2d 1054 (Wash. 1993). · cites it 8× “Klicpera was determined by the trial court to be reasonable pursuant to RCW 4.22.060. More than 1 year after this settlement, an attorney for the Pollocks provided Dr.”
Scott v. Cascade Structures, 673 P.2d 179 (Wash. 1983). · cites it 20× “According to the Senate Select Committee that drafted the Tort Reform Act, "[RCW 4.22.060] differs from the Uniform Comparative Fault Act in that the final judgment of the claimant is reduced by the amount paid for a release .”
Washburn v. Beatt Equip. Co., 840 P.2d 860 (Wash. 1992). · cites it 10× “070(2) applies here and directs that RCW 4.22.060 be applied. RCW 4.22.060(2) provides that a claim of a releasing person against other persons is reduced by the amount of the settlement if reasonable.”
Vanderpool v. Grange Ins. Ass'n, 756 P.2d 111 (Wash. 1988). · cites it 21× “Any fear of double recovery is unfounded because the amount paid under a release must be credited to the second tortfeasor.”
Schmidt v. Cornerstone Investments, Inc., 795 P.2d 1143 (Wash. 1990). · cites it 8× “Pursuant to RCW 4.22.060, separate reasonableness hearings were held in conjunction with the settlements.”
Show all 137 citing cases →
— Wash. Rev. Code § 4.22.060(1) — 48 cases
Brewer v. Fibreboard Corp., 901 P.2d 297 (Wash. 1995). “030, the Court of Appeals, Division Two, certified to this court for review a decision of the Kitsap County Superior Court which under RCW 4.22.060 reduced a jury award in a personal injury case against multiple defendants by setoffs in the amount of prior settlements.”
Brewer v. Fibreboard Corp., 127 Wash. 2d 512 (Wash. 1995). “030, the Court of Appeals, Division Two, certified to this court for review a decision of the Kitsap County Superior Court which under RCW 4.22.060 reduced a jury award in a personal injury case against multiple defendants by setoffs in the amount of prior settlements.”
Price v. Kitsap Transit, 886 P.2d 556 (Wash. 1994).
Barton v. Dep't of Transp., 308 P.3d 597 (Wash. 2013). “Essentially, the State asks this court to determine whether the Stipulation released the Linvogs within the meaning of RCW 4.22.060 and .070 — a question not reached by the trial court or the Court of Appeals.”
Lisa Steel v. Olympia Early Learning Ctr., 381 P.3d 111 (Wash. Ct. App. 2016).
— Wash. Rev. Code § 4.22.060(2) — 60 cases
Scott v. Cascade Structures, 673 P.2d 179 (Wash. 1983). “According to the Senate Select Committee that drafted the Tort Reform Act, "[RCW 4.22.060] differs from the Uniform Comparative Fault Act in that the final judgment of the claimant is reduced by the amount paid for a release .”
Vanderpool v. Grange Ins. Ass'n, 756 P.2d 111 (Wash. 1988). “Any fear of double recovery is unfounded because the amount paid under a release must be credited to the second tortfeasor.”
Barton v. Dep't of Transp., 308 P.3d 597 (Wash. 2013). “Essentially, the State asks this court to determine whether the Stipulation released the Linvogs within the meaning of RCW 4.22.060 and .070 — a question not reached by the trial court or the Court of Appeals.”
Meadow Valley Owners Ass'n v. St. Paul Fire & Marine Ins. Co., 156 P.3d 240 (Wash. Ct. App. 2007). “A party prior to entering into a release, covenant not to sue, covenant not to enforce judgment, or similar agreement with a claimant shall give five days' written notice of such intent to all other parties and the court.”
Meadow Valley Owners Ass'n v. Meadow Valley, LLC, 137 Wash. App. 810 (Wash. Ct. App. 2007). “060(1), *817 the court must determine whether the settlement amount to be paid is reasonable. A party prior to entering into a release, covenant not to sue, covenant not to enforce judgment, or similar agreement with a claimant shall give five days’ written notice of such intent…”
— Wash. Rev. Code § 4.22.060(3) — 7 cases
Meadow Valley Owners Ass'n v. St. Paul Fire & Marine Ins. Co., 156 P.3d 240 (Wash. Ct. App. 2007). “A party prior to entering into a release, covenant not to sue, covenant not to enforce judgment, or similar agreement with a claimant shall give five days' written notice of such intent to all other parties and the court.”
Meadow Valley Owners Ass'n v. Meadow Valley, LLC, 137 Wash. App. 810 (Wash. Ct. App. 2007). “060(1), *817 the court must determine whether the settlement amount to be paid is reasonable. A party prior to entering into a release, covenant not to sue, covenant not to enforce judgment, or similar agreement with a claimant shall give five days’ written notice of such intent…”
Brewer v. Fibreboard Corp., 901 P.2d 297 (Wash. 1995). “030, the Court of Appeals, Division Two, certified to this court for review a decision of the Kitsap County Superior Court which under RCW 4.22.060 reduced a jury award in a personal injury case against multiple defendants by setoffs in the amount of prior settlements.”
Brewer v. Fibreboard Corp., 127 Wash. 2d 512 (Wash. 1995). “030, the Court of Appeals, Division Two, certified to this court for review a decision of the Kitsap County Superior Court which under RCW 4.22.060 reduced a jury award in a personal injury case against multiple defendants by setoffs in the amount of prior settlements.”
Water's Edge Homeowners Ass'n v. Water's Edge Assocs., 216 P.3d 1110 (Wash. Ct. App. 2009).
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