What are the different types of damages that can be recovered in a professional negligence claim?
Professional negligence claims in Washington may allow for a plaintiff to recover a variety of damages if the claim is found to be valid. Generally, these damages are categorized as either economic or noneconomic in nature. Economic damages are those that have a clear monetary value, such as medical bills, lost wages, and lost property. These damages are intended to compensate the plaintiff for their out of pocket costs that result from the professional negligence. Noneconomic damages are those which are person and intangible. These include pain and suffering, loss of enjoyment of life, emotional distress, and loss of consortium (the loss of relationship a spouse suffers due to the negligence). Noneconomic damages are intended to compensate the plaintiff for more subjective injuries. In some cases, a court may also award punitive damages, which are not intended to compensate the plaintiff, but rather to punish the defendant for particularly egregious behavior. Punitive damages, however, are rarely awarded in the case of professional negligence and are subject to caps under Washington law. Finally, a court may also award attorney’s fees and costs incurred by the plaintiff in bringing the claim. This is done to ensure that the parties are not forced to shoulder the burden of litigation costs on their own. In summary, professional negligence claims in Washington can allow for recovery of economic, noneconomic, and punitive damages, as well as attorney’s fees and costs. These damages are intended to compensate the plaintiff for their losses and to punish the negligent party, when appropriate.
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