Can I recover punitive damages in a personal injury claim?

In Washington, it is possible to recover punitive damages in a personal injury claim; however, punitive damages are not often awarded because they are more difficult to obtain than other types of damages. Punitive damages are meant to punish a person or business for particularly reckless or negligent behavior, and if such behavior can be proven, the court may choose to award punitive damages in addition to other types of damages. In order to qualify for punitive damages, you must provide clear and convincing evidence that the responsible party acted with “willful, malicious, or outrageous intent”. This burden of proof places a heavy burden upon the plaintiff, and as such, such cases are rarely successful. Furthermore, Washington law limits the amount of punitive damages recoverable to two or three times the amount of compensatory damages (including economic and non-economic damages) up to a maximum award for punitive damages of $2 million. Therefore, it is possible to recover punitive damages in a personal injury claim in Washington; however, it is difficult to do so and only awarded in the most extreme cases. In order to be successful, you must be able to prove willful or malicious behavior with clear and convincing evidence.

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