Why There Is No Cap on Pain & Suffering Damages in Washington

By the FigureMyTax Editorial Team · How we calculate

Washington has no cap on pain and suffering, because its Supreme Court held the statutory limit unconstitutional.

The statute that was struck

In 1986 the Legislature passed RCW 4.56.250, which limited noneconomic damages in personal injury and death cases to 0.43 times the average annual wage times the plaintiff's life expectancy, so older plaintiffs recovered less.

Sofie v. Fibreboard (1989)

The Supreme Court held the limit unconstitutional on adequate and independent state grounds, because it interferes with the jury's role under article I, section 21 of the Washington Constitution. A House committee report summarizes that the court held the limitation violates the state constitution's guarantee of a jury trial.

No replacement cap

We found no enacted cap on noneconomic damages in any kind of claim. Legislative bill reports show proposals to cap malpractice noneconomic damages at $350,000 and $400,000 in 2003-04, but we found no enacted cap.

Punitive damages

Washington is unusual in the other direction: a summary says punitive damages are prohibited unless authorized by statute.

What does limit recovery

Your own fault, shared fault among defendants, and available insurance and assets.

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.