Washington spinal cord injury claims: how damages are proven and who gets repaid

By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.

What a Washington jury is asked to value

A Washington jury does not put one price on a spinal cord injury. It weighs separate categories of loss, each with its own proof. The damages instructions are in chapter 30 of the Washington Pattern Jury Instructions, which the Washington courts make available to the public. In Stevens v. Gordon, 118 Wn. App. 43 (2003), for example, the jury was told to consider the reasonable value of necessary medical care “with reasonable probability to be required in the future,” earnings likely to be lost in the future, the nature and extent of the injuries, loss of enjoyment of life, and pain and suffering, both physical and mental.

Medical bills do not prove themselves. Washington allows recovery of the reasonable value of medical services, which is not always the total billed, and under Patterson v. Horton, 84 Wn. App. 531 (1997) the plaintiff must prove the costs were reasonable and cannot rely only on records and bills. That usually means testimony from a provider or a billing witness.

No cap on pain and suffering

Washington once limited noneconomic damages by statute. In Sofie v. Fibreboard Corp., 112 Wn.2d 636 (1989), the state Supreme Court held that the limit in RCW 4.56.250 interfered with the jury’s function of deciding damages and violated article 1, section 21 of the Washington Constitution, which keeps the right to a jury inviolate. The Legislature repealed RCW 4.56.250 in 2023 (Laws of 2023, chapter 102). As of November 2026, no general statute caps pain and suffering in a Washington injury case.

Without a cap, the proof sets the range. Pain cannot be measured with mathematical certainty, so the jury relies on what it hears: people who knew you before and after, a record of daily routines such as transfers and bowel programs, and medical testimony on nerve pain, spasticity and depression.

Future care: building the life care plan

Future medical expenses are awardable when they are reasonably certain to be necessary (Stevens). For a spinal cord injury, that care often lasts a lifetime. The National Institute of Neurological Disorders and Stroke lists complications that need treatment: about one-third of people with a spinal cord injury need temporary or permanent help breathing, and others face pressure sores, bladder and bowel problems, spasticity, autonomic dysreflexia, nerve pain and depression.

A life care plan turns those needs into a schedule a jury can follow. It usually lists:

• physician visits, imaging and lab work, with how often each is expected;
• therapy, catheters, skin care and bowel care supplies, and medications;
• wheelchairs and their replacement cycle, cushions, lifts and beds;
• attendant or nursing care, in hours per day;
• home and vehicle modifications.

The plan carries weight when a physician confirms each item is medically needed. Your own testimony counts too: the Washington Supreme Court has held that lay testimony on future damages may be enough to support a jury instruction (Bitzan v. Parisi, 88 Wn.2d 116 (1977)). For national cost averages, see our FAQ on how much a spinal cord injury case is worth.

Lost earning capacity and present value

The jury may award the reasonable value of earnings “with reasonable probability to be lost in the future” (Stevens). A vocational expert explains what work remains open and at what pay, and an economist projects the gap over your working life.

Future economic losses are reduced to their value today. In Hinzman v. Palmanteer, 81 Wn.2d 327 (1972), a wrongful death case, the Supreme Court restated the rule that prospective earnings are discounted to present worth, and held that a requested instruction giving jurors no guide to the interest rate was erroneously incomplete. So the discount rate is often argued at trial.

Large future awards can be paid over time. Under RCW 4.56.260, when a verdict includes at least $100,000 in future economic damages, the court must, at a party’s request, enter a judgment for periodic payment of all or part of them. If the required security is not posted within 30 days, the court enters a lump sum instead.

Health insurance and the collateral source rule

Under the collateral source rule described in Cox v. Spangler, 141 Wn.2d 431 (2000), payments that come from a source independent of the wrongdoer do not reduce the damages otherwise recoverable. Medical negligence cases are different.

Shared fault and more than one defendant

Many spinal cord injuries have more than one responsible party, such as a driver and a vehicle maker.

Our FAQ on comparative fault in California, Texas and Washington compares the three states.

Who gets repaid from a recovery

The gross award is not what you take home. Several payers may have rights in it.

The Health Care Authority explains its notice process, and our guide to Washington work injury third-party claims walks through the L&I share.

Deadlines

What this means for your case

These steps help build the proof:

1. Ask every provider for itemized bills and keep insurer explanation-of-benefits statements.
2. Ask your rehabilitation physician to write down future care needs: equipment, therapy, supplies and attendant hours.
3. Keep a daily log of help from family, the tasks you can no longer do and the pain you live with.
4. Collect three to five years of tax returns, pay records and job descriptions.
5. Tell your lawyer right away if L&I, a self-insured employer or Apple Health is paying for care.
6. If a government vehicle, road or employee was involved, start the claim form early.

Read more on our Beverly Law in Washington page, or call Beverly Law at (310) 552-6959 for a free review in English or Spanish. You owe no fees or costs unless we win.

Common questions

Related pages

Beverly Law in Washington · Washington work injury third-party claims · How much is a spinal cord injury case worth? · Disability benefits for a spinal cord injury · Comparative fault in California, Texas and Washington · Personal injury deadlines in California, Texas and Washington

Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 11, 2026.