Severity and the Pain & Suffering Multiplier

By the FigureMyTax Editorial Team · How we calculate

In Washington the multiplier runs free of any ceiling, and the limit is who is liable for how much.

What moves the multiplier

• Permanence. A fully healed fracture supports a lower multiplier than a lasting impairment.
• Future treatment. Ongoing therapy, surgery or medication pushes toward the high end.
• Disfigurement. Permanent visible changes tend to be valued more heavily.
• Daily life. Documented loss of work, activity or family care strengthens the case.
• Documentation. Records, a pain journal and photos make a higher multiplier easier to justify.

Fault only reduces

RCW 4.22.005 says any contributory fault chargeable to the claimant diminishes proportionately the compensatory damages but does not bar recovery, even where last clear chance or similar doctrines would have disregarded it.

Several liability

Under RCW 4.22.070, the trier of fact allocates fault among the claimant, defendants, released entities and immune entities, and the liability of each defendant is several only.

When liability is joint

A party is responsible for another's fault when both acted in concert or as principal and agent, and 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.

Nonparty fault

Fault allocated to an immune entity or a released party reduces what a named defendant owes, so a high multiplier does not guarantee collection.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Washington's rules apply to your specific case with a licensed Washington attorney.