Personal Injury Damages in Washington

Damages in a personal injury case (such as a slip and fall injury in a Washington store) include economic (out-of-pocket) damages and non-economic (subjective) damages. Washington has no limits on economic and non-economic damages, but generally does not allow punitive damages in injury cases.

Several factors can influence how much compensation you can expect to receive including the extent of your injury, the strength of the evidence you have, and the other party’s degree of fault.

What Are Damages in a Personal Injury Case?

Damages refer to the amount of money that a person can receive from an award by a judge or from a person’s insurance company for the harm that they have suffered as a result of another person’s actions.

Washington law generally classifies personal injury damages into two categories of loss:

• Economic damages: losses for which you have bills, records, etc. and for which you can get receipts to prove.
• Non-economic damages: personal losses that no receipt can measure.

Economic Damages You Can Recover

Economic Damages – These are your out-of-pocket expenses as well as your lost income from time you spent recovering from your injury. We can claim past expenses as well as future expected expenses.

Medical Expenses

This category of economic damages in personal injury is typically the greatest amount of recovery for the injured party in a claim. Examples are:

• Emergency care and ambulance transport
• Hospital stays and surgeries
• Doctor visits and specialist care
• Prescription medication
• Physical therapy and rehabilitation
• Medical equipment, such as crutches or wheelchairs
• Future treatment you will likely need

Lost Wages

Missed salary or wages, plus any additional payments, such as commission, bonuses, etc. Also claim any unused sick leave or annual leave.

Loss of Earning Capacity

Permanently injured patients can claim the difference between what they could have earned had they not been injured and what they can now earn while still capable of working. The potential for these numbers is huge.

Property Damage

Reimbursement of the cost to repair/replace any property that was damaged, ex. your vehicle, phone, etc.

Other Out-of-Pocket Costs

Keep records of expenses such as:

• Home modifications
• In-home care or childcare
• Travel to medical appointments
• Household help you now need

Non-Economic Damages You Can Recover

Non-economic damages. Damages for injury by wrong such as to cause pain and suffering either physical or emotional, anguish, physical disability, disfigurement, disability, loss of enjoyment of life, etc. These are usually awarded by a jury after they have considered the evidence of how the injury party’s actions caused change and harm in the life of the injured party.

Examples include:

• Pain and suffering, both physical and emotional
• Mental anguish, anxiety, and depression after the incident
• Loss of enjoyment of life (i.e. loss of use) – such as hiking, playing with kids, photography, hobbies, etc.
• Disfigurement and scarring
• Disability or lasting physical limits
• Loss of consortium, which represents the loss of the company of a spouse or partner and their financial support.

Because there is no way to accurately predict personal injury damages, documentation and evidence are crucial to establishing the extent of injury-related losses, including personal injury suffering and mental pain and anguish.

Does Washington Cap Injury Damages?

Unlike some states, Washington does not have a cap on the amount of damages that can be awarded by a jury in a personal injury case. This cap on non-economic damages was once permitted under state law but was declared to be unconstitutional some years ago.

Can You Recover Punitive Damages in Washington?

Punitive damages are generally not allowed in Washington injury cases. Punitive damages are intended to punish the wrongdoer. Damages in Washington injury cases are intended to fully compensate the injured party for their economic and non-economic losses.

Compensation through a personal injury claim is available to hold the at-fault party responsible for the full amount of economic and non-economic losses suffered as a result of their actions.

Wrongful Death Damages

Wrongful Death Damages for Family and Loved Ones – When a person’s death is caused by another party’s negligence or carelessness, certain family members and loved ones can file a wrongful death claim to recover damages for their losses. The types of recoverable damages in a wrongful death case are:

• Medical and funeral expenses
• Lost financial support
• Loss of the loved one’s companionship, guidance, and care.
• Emotional harm to surviving family members

The list of individuals that are allowed to bring a wrongful death claim in Washington is detailed by statute so it is best to speak with an attorney as soon as possible following a loved one’s death.

How Shared Fault Affects Your Damages

Even if you were partially at fault for an injury, you can still recover for your losses. Your recovery will be reduced by the percentage that you were at fault for the occurrence that caused your injuries.

An example would be a jury award of $200,000 in damages. If the jury found you to be 25% at fault, then your recovery would be reduced by $50,000 (25% of $200,000) and you would end up with $150,000.

The insurance company for the other party will often try to blame you for a portion of the accident in order to keep the amount of compensation that they have to pay down. It is very important to have a strong argument as to the other party’s conduct in order to protect your right to receive compensation for your injuries.

How Much Time Do You Have to File?

For most injuries, you have three years from the date of injury to file a personal injury lawsuit (RCW 4.16.080). If you are suing a government entity or employee, you must first send a formal claim within a certain time and wait a specified time before filing a lawsuit.

Waiting too long to file a claim can disqualify you from recovering for your injury. So don’t wait too long!

How to Protect the Value of Your Claim

Your behavior after an injury can affect your recovery. Here is what you can do to protect your claim.

• Seek immediate medical treatment for your injuries and strictly follow your doctor’s recommended course of treatment.
• All records including bills, receipts, pay stubs, etc. and correspondence with an insurance company should be saved and kept.
• Document your injuries with photos, and keep a record of your pain and how it affects you on a daily basis with a pain journal.
• Track missed work and lost income.
• Do not give recorded statements to other party’s insurance company until you have spoken with a lawyer about the possible statement.
• Don’t be fooled by an insurance company’s “first offer.” These amounts typically do not include all of the expenses that will occur in the months and years following the injury.
• We recommend limiting any social media activity as the opposite party will research and utilize any posts against you.
• Do not sign a release without speaking with an attorney first.

How Mcaleer Law Can Help

At Mcaleer Law, we represent people that have been injured in Vancouver. We gather the necessary evidence to establish full compensation for our client’s current and future injuries, and negotiate with the insurer to achieve the best possible recovery for our clients.

We will:

• Review your medical records and bills
• Identify every responsible party
• Document your economic and non-economic losses
• Negotiate for a fair settlement
• Take your case to trial if the insurer refuses to offer a fair settlement for your injuries.

Frequently Asked Questions

What types of damages can I recover in Washington?

These include economic damages like past and future medical bills and loss of wages and non-economic damages like pain and suffering.

No. Washington does not cap personal injury damages, so awards depend on the evidence.

No. All states place limits on damage awards for personal injury cases but Washington does not place any limits on how much one can be awarded for personal injury.

Can I get punitive damages in Washington?

Seldom. Punitive damages are authorized by statute in very few instances.

How do lawyers calculate pain and suffering?

There is no mathematical formula used by attorneys or in court to calculate pain and suffering. Instead, the severity of injury, the time spent recovering, any permanent limitations, as well as the impact on daily activities are all considered.

Can I recover damages if I was partly at fault?

Wa. law follows a pure comparative fault rule which allows for recovery of damages even if the injured party was partly at fault for the accident.

How long do I have to file a claim?

Typically three (3) years from the date of injury; special time limits apply for claims against the government and a few other types of cases.

Do I need a lawyer to recover damages?

Representation by an attorney is not required; however, a personal injury attorney can accurately determine the value of your injury, detail all of your losses and effectively combat insurance company tactics.