What counts as “pain and suffering” in Washington State?
In the realm of the law, damages can be categorized into “economic damages” and “noneconomic damages”. Understandably, Washington State law classifies pain and suffering under the category of noneconomic damages. Noneconomic damages are subjective and can include things such as:
- Mental anguish
- Emotional distress
- Loss of enjoyment in life
- Disability/Disfigurement
What role does fault play?
In Washington State, courts can divide fault amongst various parties involved[1]. To illustrate this, a case between two parties could see fault be divided 100%-0%, 60%-40%, 50%-50%, etc. This is just an example and fault of a real-life case would be dependent on the nature and specifics of the case.
How is pain and suffering calculated?
There is no formula that can be applied to every pain and suffering case in the same way. While it is true that the above noneconomic damages can be considered in a pain and suffering award, those damages are subjective and vary on a case-by-case basis.
Individuals seeking a pain and suffering award in Washington State are best served discussing the specifics of their case with a reputable attorney or law firm to ensure every aspect of their unique situation is considered in full.
Is there a statute of limitations for pain and suffering in Washington State?
As we’ve discussed before, Washington State has various limitations on past injuries. Please see our previous article on Washington State statutes of limitations or contact our team at 1-888-692-8854.
1: https://statelaws.findlaw.com/washington-law/pain-and-suffering-damages-in-washington.html