Does Washington State Allow Punitive Damages?

In a small number of personal injury cases, a defendant's behavior is so reckless that some states impose extra damages on top of compensatory ones, known as punitive damages, paid directly to the plaintiff.

Washington State does not generally allow punitive damages unless a statute specifically authorizes them, so regardless of how outrageous a defendant's conduct was, recovery is limited to compensatory damages: medical bills, lost income, pain and suffering, and other measurable losses tied to the injury.

The General Rule in Washington

Washington is one of the few states that does not generally permit punitive damages as part of ordinary state-law civil claims (Michigan and Nebraska are the others). Courts in Washington have repeatedly taken the position that punitive damages are contrary to public policy.

So, if you’ve been hurt in a car crash, slip and fall incident, dog attack, or any other situation arising from another person’s negligence, punitive damages will not be on the table. The law’s focus is on making the injured person whole, rather than punishing the wrongdoer.

When Punitive Damages May Be Available

Washington's general prohibition on punitive damages has a narrow set of exceptions, most of which apply outside the context of a standard personal injury case.

Certain Washington statutes expressly authorize punitive damages in specific circumstances. RCW 29B.60.070, for example, provides that if a campaign finance violation is found to have been intentional, the judgment amount may be trebled as punitive damages. Federal claims filed in Washington courts can also open the door, as certain civil rights actions brought under federal law may allow punitive damages even when the underlying state-law claims would not.

Exceptions are fact-specific and tend to arise in circumstances outside a typical injury case. For most personal injury plaintiffs in Washington, recovery is limited to compensatory damages regardless of how the defendant behaved.

Is It All Bad News?

The absence of punitive damages in Washington sounds like a disadvantage, but for most personal injury plaintiffs it makes little practical difference.

Punitive Damages Are Rare Everywhere

In other states, punitive damages are generally only awarded when a defendant's conduct is extremely reckless or actively malicious. According to Cornell Law School's Legal Information Institute, punitive damages are applied in about 5% of verdicts. The vast majority of personal injury cases nationwide result in only economic and noneconomic damages for plaintiffs.

Washington Settlements Still Outpace the National Average

Despite not offering punitive damages, Washington actually has higher settlements on average than the typical American state, according to data from Fair Settlement.

Washington's Comparative Negligence Rule

Washington is a pure comparative negligence state, which means you can still recover adjusted damages even if you were partially or even primarily at fault for your accident. Many other states would bar recovery completely if you shared fault.

Even without the possibility of punitive damages, Washington's system is still set up to help you get the financial recovery you deserve following an accident. To learn more about how this might affect your case, schedule a free initial consultation with one of our attorneys today.

Compensation Available to Washington Plaintiffs

Depending on the claim, you may be entitled to seek damages for medical expenses, future treatment, lost wages, reduced earning ability, emotional distress, disability, pain and suffering, and other types of economic and noneconomic loss.

Economic Damages

• Medical bills: Emergency room care, hospital stays, surgeries, doctor visits, prescriptions, physical therapy, and other treatment costs tied to the injury. They can include both current expenses and reasonably expected future medical care.
• Lost wages: If your injuries have forced you to miss work, you may be able to recover the income you would have earned during that time.
• Loss of future earning capacity: Some injuries do lasting damage that makes it harder to return to the same job or earn the same income as before. In that situation, damages may be available to cover some or all of the reduction in your long-term earning ability.
• Rehabilitation costs: Serious injuries require ongoing rehabilitation, such as occupational therapy, vocational retraining, or specialized recovery programs. Rehabilitation costs can become a major part of a claim when recovery is prolonged.
• Out-of-pocket expenses: An accident can give rise to many smaller expenses, such as transportation to medical appointments, hired help around the house, and medical supplies, which may also be recoverable.
• Property damage: The cost to repair or replace personal property damaged in an accident (such as a vehicle, bicycle, phone, or laptop) may also be recoverable.

Noneconomic Damages

• Pain and suffering: This category of damages covers the physical pain and discomfort caused both by the injury itself and the recovery process.
• Emotional distress: A serious accident might leave you with anxiety, depression, phobias, sleep problems, or other trauma-related symptoms.
• Loss of enjoyment of life: Your injuries may prevent you from participating in hobbies, family activities, exercise, travel, or everyday routines. You may be entitled to damages as compensation from this loss.
• Loss of consortium: Your injury may affect your relationship with your partner (such as through loss of companionship, affection, support, or intimacy). Your noneconomic damages may account for this.

Maximizing Recovery Without Punitive Damages

Even though your personal injury attorney won’t be able to get you punitive damages in Washington State, there are plenty of other avenues they can pursue to maximize your recovery. To give yourself the best possible shot at a great settlement or verdict, you need to pick the right attorney.

Only a capable, experienced personal injury lawyer will be able to competently:

• Find, preserve, and analyze relevant evidence, including photos, witness statements, medical records, expert input, and other documentation that strengthens your claim.
• Identify every available source of compensation.
• Calculate the full value of your damages.
• Deal with insurance company agents on your behalf.
• Build a persuasive settlement demand.
• Guide you through the process on a personal level.

Ready to Discuss Your Case?

Whether punitive damages are available is only one piece of your case. How much you recover depends far more on the strength of your evidence, the accuracy of your damage calculation, and the attorney representing you than on whether punitive damages are theoretically available.

Freeman Law Firm offers free initial consultations to injured plaintiffs across Washington. Fill out our online contact form or call us at (253) 383-4500 to talk through your situation with our team.

Image By Joe Mabel, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=91404850