Question 1

Does Washington cap pain and suffering damages?

Accepted Answer

No. The Legislature's age-based limit on noneconomic damages, RCW 4.56.250, was held unconstitutional in Sofie v. Fibreboard Corp. (1989) because it interferes with the jury's role under article I, section 21 of the Washington Constitution. We found no enacted cap in malpractice or any other claim.

Question 2

What is Washington's fault rule?

Accepted Answer

Pure comparative fault. Under RCW 4.22.005, any contributory fault chargeable to the claimant diminishes the damages proportionately but does not bar recovery, and the rule applies even where prior doctrines such as last clear chance would have disregarded it.

Question 3

Is liability joint and several?

Accepted Answer

Mostly several. Under RCW 4.22.070 each defendant pays only its own percentage, except a party responsible for another's fault when they acted in concert or as principal and agent. If the claimant is found not at fault, the defendants against whom judgment is entered are jointly and severally liable for the sum of their proportionate shares.

Question 4

Are punitive damages available?

Accepted Answer

Not generally. A summary of Washington law says punitive damages are prohibited unless authorized by statute.

Question 5

How long do I have to sue?

Accepted Answer

Three years for most personal injury claims under RCW 4.16.080. A health care claim must be commenced within three years of the act or one year from discovery, whichever is later, but never more than eight years after the act (RCW 4.16.350), and goes through mandatory mediation before trial (RCW 7.70.100). Claims against local governments must be presented on the standard claim form within the limitation period (RCW 4.96.020).

Washington Pain & Suffering Calculator

Estimate your pain & suffering

No cap, pure fault, and mostly several liability

Washington Pain & Suffering Calculator

Estimate your pain & suffering

No cap, pure fault, and mostly several liability

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