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RCW 4.20.060

Action for personal injury survives.

Applied in 46 court decisions — leading case Miles v. Apex Marine Corp. (1990)

Most recently applied in Deggs v. Asbestos Corp. (October 2016)

2019 c 159 s 4; 2007 c 156 s 30; 1985 c 139 s 2; 1973 1st ex.s. c 154 s 3; 1927 c 156 s 1; 1909 c 144 s 1; Code 1881 s 18; 1854 p 220 s 495; RRS s 194.

How often courts cite this section

195919701980199020002010201640
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) No action for a personal injury to any person occasioning death shall abate, nor shall such right of action terminate, by reason of such death, if such person has a surviving spouse, state registered domestic partner, or child living, including stepchildren, or if leaving no surviving spouse, state registered domestic partner, or children, the person has surviving parents or siblings.

(2) An action under this section shall be brought by the personal representative of the deceased, in favor of the surviving spouse or state registered domestic partner, or in favor of the surviving spouse or state registered domestic partner and children, or if no surviving spouse or state registered domestic partner, in favor of the child or children, or if no surviving spouse, state registered domestic partner, or a child or children, then in favor of the decedent's parents or siblings.

(3) In addition to recovering the decedent's economic losses under this section, the persons listed in subsection (1) of this section are entitled to recover damages for the decedent's pain and suffering, anxiety, emotional distress, or humiliation, in such amounts as determined by a trier of fact to be just under all the circumstances of the case.

Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.