Does Washington State Award Punitive Damages in Personal Injury Cases?
Posted Thursday, October 12, 2017 by Chris Thayer
A Washington judge recently ruled that she will not award punitive damages in a personal injury lawsuit involving a 2015 Ride the Ducks crash. On September 24, 2015, a Ride the Ducks amphibious vehicle crashed into a charter bus on Aurora Bridge, killing five North Seattle College international students and injuring dozens of other students and tourists. Multiple personal injury and wrongful death lawsuits were filed against the Ride the Ducks company and government officials, among other defendants.
The National Transportation Safety Board had determined that a defective axle on the Ducks vehicle caused the crash. In fact, the axles had been rebuilt in Missouri, where Ride the Ducks International is based. The plaintiffs tried arguing that because the rebuild happened in Missouri, that Missouri law should apply to their case. Superior Court Judge Catherine Shaffer held that Washington law, and not Missouri law, applied. Even though the rebuild occurred in Missouri, vehicle maintenance took place in Washington, as did the accident.
Shaffer also ruled that the crash did not meet the high bar set for awarding punitive damages in Washington.
Punitive Damages Law in Washington
Courts award punitive damages to punish wrongdoers for malicious, intentional, or reckless conduct. Punitive damages go beyond compensating the victim for his or her injuries and also seek to deter future wrongdoing. While most states permit punitive damages in personal injury cases, Washington generally does not. However, there are a few exceptions. For example, punitive damages may be awarded in malicious harassment lawsuits.
Compensatory Damages
Courts award compensatory damages to plaintiffs in personal injury lawsuits to compensate them for their injuries. In other words, compensatory damages are actual damages that pay for the plaintiff’s medical bills, lost wages, pain and suffering, and other related expenses. Here are a few things you should know about compensatory damages:
- Washington is a comparative fault state. If you are partially at fault for your injuries, then any damages awarded to you will be reduced by your percentage of fault. For example, if the jury determines that you are 20% at fault, then you will only recover 80% of the damages.
- However, Washington does not place a cap on the amount of damages that you can receive, including damages awarded for emotional distress (noneconomic damages).
- “Fault” can be a tricky thing to determine. Note that Washington’s legal definition of “fault” includes “unreasonable assumption of risk,” which means that certain parties cannot escape legal liability by claiming that a particular injury was not their fault because the injured person knew about the risk involved.
- State district courts handle personal injury cases seeking less than $50,000, and state superior courts handle personal injury cases seeking more than $50,000.
- The jury calculates the personal injury award. The judge will give them instructions to follow in calculating the award.
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