Is There a Cap on Personal Injury Settlements in Washington?

Is there a cap on personal injury settlements in Washington? Washington does not cap damages in personal injury cases, which allows victims to seek compensation for their losses without worrying about statutory interference. 

Finding the proper representation can make all the difference in your ultimate personal injury settlement compensation. A fierce Seattle personal injury lawyer can fight for the remedy you deserve while you focus on rest and recovery after an injury.

General Categories of Damages

The goal of awarding damages is to make the injured party “whole” again, at least financially, by compensating them for the harm they have endured.

• Economic Damages: compensate for the actual monetary losses incurred by the injured party. 
• Non–Economic Damages: address the more subjective and intangible losses suffered by the injured individual
• Punitive Damages: intended to punish a defendant for particularly egregious or malicious conduct and to deter others from similar actions 

While there is no cap on personal injury settlements in Washington, punitive damages are generally less common than economic and non-economic damages. The overall policy surrounding damages in Washington is to compensate a victim for their losses rather than punish someone. 

Types of Losses Available in Washington Personal Injury Cases

In Washington state, individuals who suffer injuries due to another party’s negligence or wrongful actions may be entitled to recover compensation for various losses. 

• Medical expenses, including past and future treatment costs
• Lost income and reduced earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Property damage
• Loss of consortium for impacts on marital relationship

Washington law also provides for survival and wrongful death actions, which allow for recovery for damages suffered by a lost loved one or by the surviving beneficiaries.

In any case, successfully pursuing any personal injury claim often requires demonstrating the extent and impact of these damages.

Establishing Negligence

When we talk about personal injury cases, the idea of “negligence” is central, and it basically boils down to someone not being as careful as they should have been, which unfortunately leads to someone else getting hurt.

To establish the negligence of another party, there are a few key things your lawyer will need to show. 

Proving a Duty of Care Existed

First, you have to prove that the person who caused the injury had a responsibility to be careful. For example, drivers need to follow traffic laws to keep everyone safe, or a store owner should make sure their floors aren’t dangerously slippery. 

Showing Breach of Duty Occurred

The next step is to show that the defendant shirked some responsibility, whether it’s running a red light or ignoring a spill in a grocery aisle, you must show that they should have known better. Carelessness is insufficient if it is not tied directly to the injury. 

Linking Causation to Your Injury

You must then link the defendant’s breach directly to their injury. It must be demonstrated that, if not for the defendant’s actions, the injury would not have occurred. Causation is frequently disputed, as defendants generally argue that external factors, not their conduct, caused the harm.

Providing Evidence of Harm

Finally, actual harm must be demonstrated, for example, pain and suffering, lost income from missing work, medical bills, or even simply the emotional toll the injury has taken.

Without these pieces of the puzzle, even if someone was careless, it doesn’t quite meet the legal definition of negligence in a personal injury case, which could affect your potential Washington personal injury settlement, as evidenced by our case results.

Comparative Negligence in Washington State

Comparative negligence is a legal principle that plays a crucial role in personal injury cases because it influences how fault is assigned and how compensation may be awarded.

Unlike some states that follow contributory negligence rules where any fault on the injured party’s part can bar recovery, Washington is considered a “pure” comparative negligence system under Washington Law RCW 4.22.005. 

The concept of negligence itself, which is central to comparative fault, refers to the failure to exercise the care that a reasonably prudent person would under similar circumstances. Essentially, even if an injured person is partially responsible for the accident that caused their injuries, they can still recover damages from other at-fault parties. 

However, the compensation you are eligible for will be reduced proportionately based on the fault attributed. For example, if a person is considered 30% at fault for an accident, and the total cost of damages is $100,000, then they would be able to recover $70,000.

Given the difficulties that arise in personal injury cases, the lack of a cap on personal injury settlements in Washington is beneficial.  

The History of Caps on Personal Injury Settlements in Washington

In Washington, there is no general statutory cap on personal injury settlements in Washington, including noneconomic damages because the Washington Supreme Court declared such caps unconstitutional in the case of Sofie v. Fireboard Court, 112 Wash. 2d 636 (1989), where the Washington Tort Claims Act of 1986 SB 6614 attempted to impose limits on noneconomic damages.

Thankfully, the Court held that the Washington Constitution protected the jury’s role in determining damages. The court reinstated the jury’s awarded amount and reversed an order that reduced the amount of noneconomic damages awarded to the plaintiffs. 

Washington maintains a broader policy of ensuring full recovery in personal injury cases, which has been shown in cases like Williams v. Leone & Keeble, Inc., 170 Wash. App. 696, (2012), where the court emphasized Washington’s interest in protecting its citizens’ rights to full recovery and a jury trial. Be sure to review our client testimonials to see how we have helped people just like you.

Puget Law Group Is On Your Side

Our dedicated team at Puget Law Group is here to ensure you get the compensation you deserve. We understand that being injured due to someone else’s negligence can be overwhelming. You do not have to fight for redress on your own.

Case evaluations by a Seattle personal injury lawyer are entirely free. Let us assess your case and stand by your side during this difficult time.