Washington: Economic vs. Non-Economic Damages, Explained

A formula tied to the average state wage and a plaintiff's life expectancy, struck down for taking the damages question away from the jury.

Economic damages: the documented, countable losses

Economic damages are the straightforward, receipt-backed part of a claim. In a Washington personal injury case, this generally includes medical expenses already incurred, lost wages from time away from work, property damage, and reasonably anticipated future medical care or lost earning capacity tied directly to the injury.

Non-economic damages: the subjective losses

Non-economic damages cover the losses that don't come with a receipt: pain, suffering, and inconvenience, among other nonpecuniary harm. These are inherently harder to quantify, which is exactly why the multiplier method exists — to translate a documented economic figure into a reasoned estimate of the non-economic side.

The exact formula that got struck down

Washington's 1986 Tort Reform Act capped noneconomic damages using a specific formula: the state's average annual wage, multiplied by 0.43, multiplied by the plaintiff's life expectancy. In Sofie v. Fibreboard Corp. (1989), a mesothelioma case where a jury had awarded $477,200 in noneconomic damages before the trial judge applied the formula to reduce it to just $125,136.45, the Washington Supreme Court held the formula unconstitutional — it improperly substituted a legislative calculation for the jury's own factual determination of damages.

A statute the legislature chose to remove entirely

Rather than leave an unenforceable law on the books, Washington lawmakers formally repealed the capped-damages statute in the early 1990s. The reasoning was candid: it was extremely unlikely the state Supreme Court would ever reverse itself, and keeping an unconstitutional statute in the code was considered unnecessarily misleading to the public.

Later attempts, all unsuccessful

The idea of a cap resurfaced in the early 2000s with bills proposing a $400,000 limit (with an exception for reckless, willful, or wanton conduct) and a separate $350,000 limit explicitly contingent on either a future court reversal or a constitutional amendment. A companion proposal would have asked voters to amend the constitution itself to authorize such caps. None of these measures became law, and Washington remains a state with no cap on noneconomic damages today.

Economic vs. non-economic damages — frequently asked questions

What are economic damages in a Washington personal injury claim?

Economic damages are your documented, out-of-pocket financial losses — medical expenses, lost wages, property damage, and future medical care or lost earning capacity tied to the injury.

What are non-economic damages in a Washington personal injury claim?

Non-economic damages are nonpecuniary harm — pain, suffering, and inconvenience, among other losses that don't come with a dollar receipt.

What exact formula did Washington's 1986 damages cap use?

The limit was calculated by multiplying the state's average annual wage by 0.43, then by the plaintiff's life expectancy — a formula the Washington Supreme Court struck down in 1989.

Did the Washington legislature leave the unconstitutional cap statute on the books?

No — lawmakers formally repealed it in the early 1990s, reasoning it was extremely unlikely the state Supreme Court would ever reverse its 1989 ruling and that leaving an unconstitutional statute in place was unnecessarily misleading.

Did Washington ever try to cap damages specifically for medical malpractice after 1989?

Yes — separate bills in the early 2000s proposed malpractice-specific caps of $400,000 and $350,000, with one contingent on a constitutional amendment, but none of these proposals became law.

This page provides general guidance only and is not legal advice. Figures are based on Sofie v. Fibreboard Corp., 112 Wn.2d 636 (1989), and subsequent Washington legislative history, verified per our methodology. Confirm what counts toward a specific claim with a licensed Washington attorney before acting.