In many states, the law limits — or 'caps' — how much an injured person can recover, especially for non-economic harm like pain and suffering. Washington is different. In most personal injury cases, there is no statutory cap on compensatory damages.
No Cap on Compensatory Damages
The Washington Supreme Court struck down the state's cap on non-economic damages decades ago in Sofie v. Fibreboard, holding it violated the constitutional right to a jury trial. As a result, juries in Washington may award the full measure of a victim's economic and non-economic losses.
This matters most in catastrophic cases — brain injuries, spinal cord injuries, severe burns — where future medical costs and lifelong pain dwarf any arbitrary limit.
What Compensatory Damages Cover
Compensatory damages fall into two buckets. Economic damages include medical bills, future care, lost wages, and lost earning capacity. Non-economic damages include pain and suffering, disfigurement, and loss of enjoyment of life.
Because Washington allows recovery of the full extent of both, careful documentation of your losses — present and future — is essential to maximizing a claim.
The Limited Exceptions
A few narrow situations carry their own limits, such as certain claims against government entities. But the general rule for private personal injury claims is clear: your recovery is tied to your actual losses, not a legislative ceiling.
If you suffered a serious injury in Washington, a free case review can help you understand the true potential value of your claim.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Washington attorney.