Revised Code of Washington
Wash. Rev. Code § 4.28.360 (2026)
✓ current as of May 2026 Cite as: Wash. Rev. Code § 4.28.360 (2026)
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In any civil action for personal injuries, the complaint shall not contain a statement of the damages sought but shall contain a prayer for damages as shall be determined. A defendant in such action may at any time request a statement from the plaintiff setting forth separately the amounts of any special damages and general damages sought. Not later than fifteen days after service of such request to the plaintiff, the plaintiff shall have served the defendant with such statement.
[1975-'76 2nd ex.s. c 56 s 2.]
Notes:
Severability—1975-'76 2nd ex.s. c 56: See note following RCW 4.16.350.
Actions and procedure for injuries resulting from health care: Chapter 7.70 RCW.
Verdict or award of future economic damages in personal injury or property damage action may provide for periodic payments: RCW 4.56.260.
Notes of Decisions
Cited in 29
cases (11 in the last 5 years), 1980–2025 · leading case: McNeal v. Allen
McNeal v. Allen (1980)
“Responding to the complaint, the appellants asserted a counterclaim that this allegation violated RCW 4.28.360, and was injurious to the reputation and peace of mind of the appellant doctors.”
Pierson v. Hernandez (2009)
“" We must decide whether plaintiff Traci Pierson pleaded a claim in excess of $10,000 through her response to an interrogatory requesting a statement of damages pursuant to RCW 4.28.360. We hold that she did and affirm.”
Pierson v. Hernandez (2009)
“” We must decide whether plaintiff Traci Pierson pleaded a claim in excess of $10,000 through her response to an interrogatory requesting a statement of damages pursuant to RCW 4.28.360. We hold that she did and affirm.”
Beckmann v. Spokane Transit Authority (1987)
“She filed a complaint against Grover and Spokane Transit but, because the case involved a claim for personal injuries, pursuant to RCW 4.28.360 she did not plead a specific amount in damages.”
Conner v. Universal Utilities (1986)
“RCW 4.28.360 provides that a complaint in an action for personal injuries "shall not contain a statement of the damages sought but shall contain a prayer for damages as shall be determined.”
M.R.B. v. Puyallup School District (2012)
“Statements of Damages ¶18 As RCW 4.28.360 1 requires, the Students did not specify an amount of damages in their complaint.”
Allison v. BOONDOCK'S (1983)
“This comports with the requirements in RCW 4.28.360 2 for pleading personal *283 injury actions.”
Harris v. Maready (1984)
“At least two states have taken the approach of North Carolina in attempting to prevent the statement of a specific amount of damages sought in the complaint.”
Johnson v. Horizon Fisheries, LLC (2009)
“, concur. The trial court had to order Johnson to attend the deposition in response to Horizon’s motion.”
Johnson v. Horizon Fisheries, LLC (2009)
“Thus, we hold that the trial court did not deny Johnson his due process rights because Johnson had an opportunity to present his position and have the trial court consider it. ¶ 24 We affirm. WE CONCUR: DWYER, A.”
Target National Bank v. Higgins (2014)
“The court noted the predicament of a personal injury plaintiff giving notice to a defendant as to the amount of an award sought, since RCW 4.28.360 prohibits the complainant from stating the amount of damages she seeks.”
Wills v. Kirkpatrick (1990)
“In addition to the section dealing with medical malpractice, the chapter deals with: the elimination of a statement of damages sought in actions for personal injuries, § 2 (RCW 4.28.360); the inadmissibility, to prove liability, of the promise, offer or payment of expenses of…”
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