In Washington, the law requires injured persons be compensated for all harms and losses which are “proximately caused” by the negligent conduct of another. In general terms, that includes all losses and harms that are reasonably foreseeable from the negligent act. That will include medical bills, wage loss, and an amount that will compensate the injured person for their physical and mental pain, suffering, disfigurement and loss of enjoyment of life. There are no fixed formulas, and the fact finder has great discretion in awarding damages for things like pain and suffering. Considerations are to include past damages as well as damages that are more likely than not to continue into the future.
If your injury is not resolved prior to trial, then a jury may conclude your injury is permanent, even without the testimony of an expert witness. Bitzan v. Parisi, 14 Wn. App. 791, 545 P. 2d 578 (1976). In order to determine how long a “permanent” injury lasts, the courts will use a mortality table which attached as an appendix to the Washington Pattern Jury Instructions.
At Buckley & Associates, our attorneys are dedicated to helping accident victims recover the compensation they need. If you or a loved one has been injured in an accident, please call Buckley & Associates today at (206) 622-1100. We represent clients in Seattle and Tacoma, Washington.