WPI 30.05 Measure of Damages—Elements of Noneconomic Damages—Disability, Disfigurement, and Los...

Insert this phrase as an element of noneconomic damages in the damage instruction (WPI 30.01.01, WPI 30.02.01, or WPI 30.03.01) if the evidence justifies its use.

Use bracketed material as applicable.

RCW 4.56.250(1)(b).

The statute defines noneconomic damages as subjective, nonmonetary losses, including, but not limited to, disability or disfigurement incurred by the injured party.

The statute fails to define the term “disability.” In Parris v. Johnson, 3 Wn.App. 853, 859–60, 479 P.2d 91 (1970), the court held that “disability” includes not only the incapacity to work but also impairment of the injured person's ability to lead a normal life. Presumably, the Legislature intended that the term be used in this latter sense for purposes of noneconomic damages. Under some circumstances, it is not error to include the loss of enjoyment of life as an element of damage separate from disability. Kirk v. Wash. State Univ., 109 Wn.2d 448, 461–62, 746 P.2d 285 (1987) (there is no overlap of recoveries when loss of enjoyment of life involves “loss of a specific unusual activity,” such as ballet dancing or “specific artistic or athletic skills”).

For a discussion relating to the burden of proof for future damages see the Comment to WPI 30.01.04 (Future Damages—Definition). For a general discussion of noneconomic damages, see the Comment to WPI 30.06 (Measure of Damages—Elements of Noneconomic Damages—Pain and Suffering—Past and Future).