Damages are used in personal injury cases to “make the victim whole again.” In Seattle personal injury cases, several types of damages may be available. Most types of damages compensate victims for their losses, such as their financial losses or their pain and suffering.
However, punitive damages are a special type of damages available only in rare cases. Keep reading below to learn more about punitive damages, including what they are and when they are available.
Types of Damages Available in Personal Injury Cases
Damages are usually awarded in the form of financial compensation. They refer to the payments that the defendant may be ordered to pay the plaintiff. In Washington, there are three general types of damages that may be awarded in a personal injury claim.
Economic Damages
Economic damages are used to compensate victims for their financial losses. These losses can be substantial, especially in cases involving severe or catastrophic injuries. Some common examples of economic damages include:
- Current and future medical bills
- Lost wages
- Future lost earning capacity
- Out-of-pocket expenses
- Prescription or over-the-counter medication
- Physical therapy
- Home health care expenses
- Property damage
Proving the value of your economic damages is usually not that difficult. Most of these losses are accompanied by receipts, invoices, or other documents that show their specific value. In cases involving wrongful death, the victim’s family is also entitled to recover funeral and burial expenses.
Non-Economic Damages
Non-economic damages, like economic damages, are still considered part of the victim’s compensatory damages. This is because these damages compensate the victim for some type of loss. With non-economic damages, that loss just happens to be intangible. Some common examples of non-economic losses are:
- Pain and suffering
- Mental anguish and emotional distress
- Loss of consortium
- Loss of enjoyment of life
- Loss of reputation
- Loss of companionship
- Anxiety
- PTSD
- Depression
Proving the value of these damages can be more challenging because they are more subjective. However, they are often worth much more than the economic damages in the case. In fact, they can sometimes be worth as much as five times the value of your financial losses.
Punitive Damages
Punitive damages are a special type of non-compensatory damages. As the name implies, these damages are not used to compensate the victim for a loss. Instead, these damages are used to punish the defendant for their behavior.
Additionally, punitive damages may be used to deter bad behavior in the future. Punitive damages are not available in personal injury cases involving mere negligence. In fact, Washington does not allow the award of punitive damages in most personal injury claims.
When Can a Victim Recover Punitive Damages?
Washington is one of the few states where punitive damages are generally prohibited in personal injury claims. This means that these damages may not be awarded regardless of how egregious or outrageous the defendant’s behavior was. The only exception to the rule is when punitive damages are expressly allowed by statute.
There are only a handful of situations where Washington law allows punitive damages. Some of those scenarios include:
- Product liability claims
- Civil rights violations
- Federal maritime or out-of-state cases
An experienced personal injury lawyer can help evaluate your claim to determine whether punitive damages may be available. Most of the time, victims are only entitled to recover economic and non-economic compensatory damages.
Are There Caps on Punitive Damage Awards?
Some states place limits or caps on the amount of punitive damages that may be awarded. Even though Washington does not allow punitive damages in most cases, there is no cap or limit on the amount of punitive damages that may be awarded in cases that allow them.
The amount of damages will be determined based on the conduct of the defendant and the actual harm that was done. Washington does require that punitive damages be proportional and reasonable based on the actual damages in the case, but there is no “bright line” rule.
Proving Your Claim for Punitive Damages
In the limited cases in which punitive damages are available in Washington, you will need substantial evidence to prove your claim. You must prove the defendant’s conduct by clear and convincing evidence to be awarded punitive damages. This is a higher burden than a preponderance of the evidence used to prove most personal injury claims.
Contact Darrell Cochran Personal Injury Lawyer for a Free Consultation With a Seattle Personal Injury Lawyer
If you have been hurt in an accident in Seattle, you may be entitled to significant compensation for your damages. While punitive damages are not available in most Seattle personal injury claims, there are a few rare exceptions. Contact Darrell Cochran Personal Injury Lawyer today to arrange a free consultation with a Seattle personal injury lawyer. We can help you determine whether you can recover punitive damages and compensatory damages by filing a claim.