Am I eligible for punitive damages in a catastrophic injury case?

In Washington, punitive damages generally are not recoverable in a catastrophic injury case. The purpose of punitive damages is to punish the wrongdoer for egregious misconduct. A plaintiff can recover damages for medical bills, lost wages, and pain and suffering, but punitive damages are not typically available in catastrophic injury cases. However, although punitive damages are not typically available in Washington for catastrophic injury cases, there is an exception. Punitive damages can be recoverable in cases involving malicious and willful conduct. This means that if a defendant acted especially recklessly or intentionally in order to harm the plaintiff, punitive damages may be available as a result. It is important to note that punitive damages are largely discretionary, which means that the court has wide discretion in deciding whether or not punitive damages should be awarded. The court will look at the nature of the defendant’s conduct and the evidence presented at the time of trial to determine whether punitive damages are appropriate. In conclusion, although punitive damages are not generally available for catastrophic injury cases in Washington, there is an exception if the defendant’s conduct was especially malicious or willful. It is up to the court’s discretion to determine whether punitive damages should be awarded.

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Am I eligible for punitive damages in a catastrophic injury case?

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