What Are Punitive Damages? 

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When someone gets hurt in the context of a personal injury case, the main goal of the legal system is to help the injured person recover. That usually means they can seek compensation for things like medical bills, lost income, and pain and suffering. But in some states, the law also allows for punitive damages in certain cases.

Punitive damages are different from regular compensation. Instead of just helping the victim, they are meant to punish the person or company that caused the harm. These damages send a message that certain types of behavior are not acceptable. However, Washington State treats punitive damages differently than most other states.

Compensatory vs. Punitive Damages

Most damages in a personal injury case are called compensatory damages, further broken down into two categories, economic and non-economic. 

These are designed to make the injured person whole again and can include things like:

• Medical expenses
• Lost wages
• Future treatment costs
• Pain and suffering
• Emotional distress
• Property damage

In contrast, punitive damages are not meant to compensate the victim. They are used to punish the wrongdoer and discourage others from doing the same thing. These damages are usually only awarded in cases where the defendant’s conduct was especially harmful.

Washington State Law on Punitive Damages

Unlike most states, Washington does not allow punitive damages in most personal injury cases. The Washington Supreme Court has ruled that punitive damages are against public policy unless a specific law passed by the legislature allows them. That means they are only available in rare situations where a state or federal statute explicitly permits them.

If there is no law authorizing punitive damages in your case, the court cannot award them, even if the defendant’s behavior was extreme or intentional.

This rule applies to nearly all personal injury lawsuits in Washington, including:

• Car accidents
• Slip and fall claims
• Product liability cases
• Dog bite injuries
• Medical malpractice
• Nursing home abuse

In these situations, you can still recover compensatory damages, but punitive damages will not be available unless the law specifically says otherwise.

When Are Punitive Damages Allowed in Washington?

There are only a few exceptions where punitive damages (or at least something similar) may be allowed under Washington law. In these rare cases, the legislature has passed laws that specifically permit them.

Some limited examples include:

• Consumer protection claims: Under consumer protection laws, a victim may recover treble (triple) damages, which function similarly to punitive damages.
• Federal civil rights cases: If someone’s constitutional rights are violated, federal law may allow punitive damages even if state law doesn’t.
• Certain maritime or out-of-state claims: If a case is governed by the laws of another state or federal maritime law, punitive damages may apply based on that jurisdiction.

These cases are the exception, not the rule. Most personal injury claims filed in Washington will not include punitive damages, regardless of whether the defendant acted recklessly or intentionally.

How Comparative Fault Affects Damages in Washington

Washington uses a pure comparative fault system that may apply to any damages awarded in a personal injury case. This means your compensation will be reduced in proportion to your share of the blame. For example, if you were found to be 10% responsible for an accident and awarded $50,000 in damages, you would receive $45,000.

Unlike some other states, Washington does not set a limit that bars recovery if you’re more than 50% at fault. You can still recover damages even if you were mostly to blame, but your award will be significantly reduced.

Because the amount you receive depends heavily on how fault is assigned, it’s important to work with an attorney who can push back against unfair blame and present a successful case on your behalf.

What if the Defendant’s Conduct Was Egregious?

Even though you usually cannot get punitive damages in Washington, that doesn’t mean the law ignores extremely harmful behavior. In many cases, juries or judges may award higher compensatory damages if the victim suffers more because of the defendant’s conduct.

For example, if someone was badly injured because a company knowingly sold a dangerous product, a court may increase the pain and suffering award due to the severity of the injury or emotional harm caused by the company’s actions. While this isn’t the same as punitive damages, it can still lead to a larger overall award.

Contact Our Seattle Personal Injury Lawyers for a Free Consultation

Even though punitive damages are rarely awarded in Washington State, you still have the right to pursue full and fair compensation for your injuries. 

At Davis Law Group Car Accident and Personal Injury Lawyers, we know how to hold negligent parties accountable and maximize the damages available under state law. Our award-winning team has been standing up for injury victims for over 20 years.  If you’ve been hurt and want answers, we’re here to help you every step of the way. Let us fight for the justice and recovery you deserve. Contact us today at (206) 727 4000 for a free consultation.