After a serious injury, many personal injury victims ask, “Do Washington courts ever award punitive damages in personal injury cases?”
Unfortunately, Washington has prohibited most punitive damages awards in most personal injury cases for over a century, as detailed in House Bill 2506 g, which states the following:
“Exemplary damages (or punitive damages, as they are sometimes called) are awarded not to compensate the plaintiff but as a penalty or punishment. The general rule in Washington is that exemplary damages are not available unless expressly authorized in statute.” Make sure to speak with an experienced Arlington personal injury lawyer for legal guidance and support.
What Are Punitive Damages?
After suffering a serious injury caused by someone else’s careless, reckless, or wrongful actions, a successful claim recovers compensation for the economic losses caused by the injury as well as for the injury victim’s pain and suffering. These compensatory damages are meant to recover the injury victim’s losses. Conversely, punitive damages are not meant to compensate an injury victim, but rather to punish the wrongdoer and deter repeat behavior.
Most states allow personal injury claimants to seek punitive damages, which are awarded to the injury victim. Washington is one of only three states and a territory that prohibit punitive damages in most cases.
When Does Washington Allow Punitive Damages?
Although the general rule in Washington doesn’t allow awards for punitive damages, state statutes allow an injury victim to seek punitive damages in cases of egregious wrongdoing, such as intentional malicious harm or actions that show a wanton and reckless disregard for the safety of others. The law does not allow punitive damages for personal injuries caused by common negligence.
A Washington personal injury lawyer evaluates the merits of a case during a free consultation with the injury victim. During the evaluation, they can determine if the court might consider punitive damages under the unique circumstances of the case and the nature of the wrongdoing that caused the injury.
How Can I Increase My Personal Injury Compensation Without Seeking Punitive Damages in Washington?
It’s still possible to maximize your financial recovery in a Washington personal injury claim without an award for punitive damages. An experienced personal injury lawyer carefully calculates the past, present, and future compensatory damages in your case by examining medical bills and the medical report, and consulting with medical experts and occupational therapists to determine the full scope of the injury, the full economic consequences, and the level and duration of the pain associated with the type of injury.
Although no two cases are the same, and the total amount recovered depends on the circumstances of the case, the following damages are recoverable in Washington personal injury cases:
- Reimbursement for medical expenses
- Future medical expenses related to the injury
- Out-of-pocket costs, such as for adaptive equipment, home assistance, or travel to see specialists
- Lost earnings
- Future income loss
- Diminished future earning ability due to disability
- Compensation for pain and suffering
- Compensation for catastrophic injury damages for any permanent harm, such as loss of limb, organ loss, disfigurement, vision damage, loss of hearing, disability, loss of enjoyment of life, or diminished quality of life
In a wrongful death claim, the family recovers compensation for their financial losses, including funeral costs, and the decedent’s income, as well as compensation for grief and anguish.
Most personal injury claims end with a settlement from the at-fault party’s insurance company, with only about 4% of cases requiring a court. This occurs when the insurance company wrongfully denies, delays, or undervalues a claim. Please contact us today for legal guidance.