What Are Punitive Damages?

Punitive damages, or exemplary damages, are monetary awards intended to punish a defendant for particularly wrongful conduct and deter similar behavior in the future.

Unlike compensatory damages, which reimburse a victim for actual losses, punitive damages exceed the value of the harm suffered and focus on the severity and intolerable nature of a defendant’s actions.

Are Punitive Damages Allowed in Washington Personal Injury Cases?

Washington is one of the few states that generally does not allow punitive damages in personal injury cases. The state follows a long-standing rule, rooted in public policy, that views punishment as a function of the criminal justice system rather than the civil courts. Injury victims pursuing claims under state law typically recover only compensatory damages tied to their actual losses.

Exceptions to the No-Punitive Damages Rule in Washington

While the general rule bars punitive damages, there are a few specific situations where injured parties may be able to seek them. These exceptions come from statutes, federal law, or out-of-state claims applied in Washington courts:

• Statutory violations: Certain consumer protection claims permit treble damages under Washington’s Consumer Protection Act, currently capped at $25,000 under RCW 19.86.090, though this figure is subject to legislative change and should be confirmed at the time of your claim.
• Civil rights violations: Civil rights claims under federal law allow punitive damages against individual government actors who act with reckless or malicious indifference to a plaintiff’s rights.
• Out-of-state conduct: When another state’s law applies and that state allows punitive damages, Washington courts may apply those rules.
• Maritime claims: Federal maritime law permits punitive damages in limited seaman injury cases, primarily involving failure to pay maintenance and cure. Following the U.S. Supreme Court’s decision in Dutra Group v. Batterton (2019), punitive damages are not available for unseaworthiness claims, narrowing the scope of this exception.

Washington courts apply these exceptions narrowly and only when a specific statute or federal claim allows them. In most injury cases, such as car accidents, slip-and-falls, and premises liability claims, recovery is limited to compensatory damages under state law. If you believe the conduct in your case was severe enough to warrant punitive consideration, an attorney can evaluate whether any of these exceptions apply.

Standard of Proof for Securing Punitive Damages

In the limited situations where punitive damages are available, the standard of proof is higher than the preponderance standard used for compensatory damages. For example, federal civil rights claims separately require clear and convincing evidence of reckless or malicious intent before a punitive award is considered.

Pursuing Compensatory Damages in a Washington Accident Case

Injury victims in Washington should focus on compensatory damages because those cover the full range of losses arising from their injuries. Documenting every expense and loss from the start of the case gives you the strongest position when settlement talks or litigation begin. Compensatory damages in Washington injury cases fall into two main categories, each covering different types of harm and requiring different evidence.

Economic Damages

Economic damages represent the financial losses of the injury. These are the dollar amounts you can point to on medical bills, receipts, and pay records, and often include:

• Past medical bills
• Future medical expenses
• Hospital and surgical costs
• Prescription medication costs
• Physical therapy and rehabilitation
• Assistive devices and medical equipment
• Lost wages
• Reduced earning capacity
• Property damage
• Out-of-pocket expenses
• Travel costs for medical appointments
• Long-term care needs

Pulling together complete records from every provider and employer takes time, but it matters when insurance adjusters or defense attorneys argue for a lower number. Missing documentation often means missing money at settlement.

Non-Economic Damages

Non-economic damages cover the harm that does not come with a price tag. These losses are real, but they require a different type of proof, including testimony, journals, and input from mental health professionals. Recoverable non-economic losses can include:

• Pain and suffering
• Emotional distress
• Mental anguish
• Loss of enjoyment of life
• Loss of companionship
• Loss of consortium for spouses
• Scarring and disfigurement
• Humiliation
• Inconvenience
• Loss of reputation
• Anxiety and depression tied to the injury
• Reduced quality of life
• Disability

Calculating non-economic damages requires careful work because no two injuries affect people the same way. Personal testimony, statements from family members, and medical opinions all help document the full impact of the injury on daily life.

Find Out What Your Washington Injury Claim Is Worth

If you were injured due to someone else’s negligence, you deserve clear information about the value of your claim and what steps to take next. Dean Standish Perkins & Associates has 39 years of experience applying Washington law to injury claims, and we can seek the full amount of compensatory damages you deserve. If you have questions about what damages you may be able to recover after an accident in Washington, we are here to help.

Call (206) 467-0701 or contact us online to schedule your free consultation.