Punitive damages act as financial punishment against at-fault parties for harm caused through exceptionally reckless behavior. Unfortunately, Washington state law does not allow injured individuals to seek punitive damages, but a skilled personal injury lawyer can still hold at-fault parties fully accountable for harm they have caused.
Seeking punitive damages may be prohibited in Washington, but that does not mean guilty parties are allowed to walk away from their actions without consequence for your injuries. Victims of harm, recklessness and negligence may still file a claim for damages and may file lawsuits to gain compensatory damages for every hardship faced in recovery from an accident, crash or other injury.
To secure the maximum benefit, compensation or damages from personal injury lawsuits, injury victims should partner with the right legal representation. Hagens Berman is that partner for your injury case. We go the extra mile to show why the dangerous actions taken by an individual or business make those parties completely liable for every cost of recovery their victims face.
WHY CAN’T YOU SEEK PUNITIVE DAMAGES IN WASHINGTON STATE?
In many states, punitive damages, also known as exemplary damages, can be awarded when a guilty party’s actions are intentional or show extreme disregard for someone’s safety or wellbeing.
Punitive damages serve to provide additional punishment to the guilty party in the form of financial penalties above and beyond normal compensation for the victim. This punishment is meant to deter the guilty party from ever taking such reckless action again. It’s also hoped other potential violators are discouraged from attempting similar actions. Thus, punitive damages seek to limit future harm and further injuries.
Washington is one of the few states that generally does not allow punitive damages in personal injury cases. Unless the action is specifically allowed in a state statute, victims are not allowed to benefit from punitive damage awards.
SEEKING COMPENSATORY DAMAGES IN A WASHINGTON ACCIDENT CASE
The good news is that victims can still be compensated for every cost they incur during recovery, as well as those costs expected to arise in the future though lost wages and further, long-term care and rehabilitation.
Personal injury claims seek compensatory damages. These claims seek to “compensate” the victim for damage they endure following an accident.
Compensatory damages mostly fall under two categories, economic damages and non-economic damages. Economic damages include those things that are easily calculated because they come with a receipt. These damages consist of things like medical bills and lost wages.
Non-economic damages involve the pain and emotional trauma a victim goes through in the accident and during recovery. Damages include the difficulties patients and families face when a personal injury changes lifestyles and homelife. These types of damages are hard to put a price on, and provide both opportunities or pitfalls, depending on the skill of your personal injury lawyer.
COMPENSATORY DAMAGES AVAILABLE AFTER INJURY
These are just some of the compensatory damages that victims can receive in a successful personal injury claim:
- Hospital and medical expenses immediately following the incident or accident
- Estimates for care anticipated to be needed in the future
- Costs of living with a permanent disability over a lifetime
- Paychecks lost while the victim has been unable to work
- Travel to and from medical appointments
- Costs of visiting out-of-state specialists
- Physical pain and discomfort, including long-term pain complications such as insomnia, loss of mental focus and fatigue
- Emotional anguish, including the onset of anxiety and depression, PTSD and other issues
- Loss of enjoyment of life, including inability to participate in hobbies, family activities, sports or travel
- Loss of consortium, which is filed by the spouse – and/or sometimes children or parents – of the victim in a claim over the loss of intimacy and the loss of a strong emotional bond
- Damage or destruction of property
HAGENS BERMAN PROTECTS PERSONAL INJURY VICTIMS IN WASHINGTON
If you or your loved one has been seriously hurt due to the negligent or reckless act of an individual, business or corporation, please consult Hagens Berman’s personal injury attorneys.
Hagens Berman relies on its decades of litigation experience to anticipate every action an insurance company may take to withhold support from you. We strive for quick and highly successful outcomes, freeing you of stress and worry so you can focus on recovery and rebuilding your life.
Contact Hagens Berman today for a free, no-obligation case evaluation for you and your family.
