TYPES OF DAMAGES YOU CAN RECOVER AFTER AN ACCIDENT IN WASHINGTON
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Types of Damages You Can Recover After an Accident in WA State
Table Of Contents
What Are “Damages” in a Personal Injury Claim?
In personal injury law, damages refer to the monetary compensation you might receive after an accident caused by someone else’s negligence.
In Washington, you can seek compensation for both financial and emotional damages, depending on the details of your case.
Economic Damages: Tangible Financial Losses
Economic damages include the calculable costs associated with your injury. These consist of:
- Medical expenses: hospital bills, surgeries, prescriptions, physical therapy
- Future medical care: ongoing treatment for chronic or permanent injuries
- Lost wages: income missed while you were unable to work
- Loss of earning capacity: if you can’t return to your previous job or income level
- Property damage: such as vehicle repair or replacement
- Out-of-pocket expenses: like medical travel or home care
Non-Economic Damages: Pain, Suffering, and More
Non-economic damages are more subjective, but equally important. Washington law permits injured individuals to recover for:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Anxiety, PTSD, or depression
- Loss of consortium (impact on relationships and companionship)
Washington has no cap on non-economic damages, allowing a jury to award any amount they deem fair based on the evidence.
For more details, see our Washington Personal Injury Laws page.
Are Punitive Damages Allowed in Washington?
Typically, punitive damages are not permitted in Washington personal injury cases.
Unlike other states, Washington does not permit additional punitive damages unless explicitly authorized by law, and most negligence claims do not meet the criteria.
How Are Damages Calculated?
Calculating damages includes:
- Including all documented financial losses
- Estimating future medical needs or lost earning potential
- Assigning a value to pain and suffering based on their severity and impact
- Applying any fault adjustments under Washington’s comparative fault system
Washington uses pure comparative negligence, which means your percentage of fault will reduce your compensation. See our Comparative Fault in WA guide for more.
What Factors Can Affect Your Total Compensation?
- Severity of your injuries
- Duration of recovery
- Whether you can return to work
- Medical documentation and expert reports
- Whether liability is clear or disputed
- How quickly you act (see Statute of Limitations)
Why You Need a Lawyer to Maximize Recovery
Insurance companies don’t provide fair compensation automatically. In fact, they might:
- Downplay your pain and suffering
- Argue that some treatment was unnecessary
- Assign you a high percentage of fault
- Offer low settlements, hoping you’ll accept quickly
At Morgan Hill P.C., we develop strong claims supported by clear evidence, expert opinions, and assertive negotiation. If necessary, we’re prepared to take your case to trial.
Schedule a Free Case Evaluation
If you’ve been injured in an accident in Tacoma or anywhere else in Washington, don’t leave your financial future up to luck.
Call us today for a free consultation. We’d like to help you understand what your claim may be worth.
FAQ: Personal Injury Damages in WA
Q: What’s the average settlement for a car accident in Washington?
A: It depends. Minor injury cases might settle for a few thousand dollars. Severe injury or wrongful death cases can reach six or seven figures.
Q: Can I recover damages if I was partly at fault?
A: Yes. Under RCW 4.22.005, Washington’s comparative fault law allows you to recover damages minus your percentage of fault.
Q: Are pain and suffering damages taxed?
A: Generally, no. Compensation for physical injuries, including pain and suffering, is generally not taxed, but it’s best to consult a tax professional.
Q: How do I prove pain and suffering?
A: Medical records, mental health diagnoses, impact statements, and testimony from you and your close contacts can all support your claim.
Practice Areas
FAMILY LAW
PERSONAL INJURY
Our Service Area Locations
Tacoma
Pierce County
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