Wrongful Death Damages and the 2019 Reform in Washington

By the FigureMyTax Editorial Team · How we calculate

Washington was restrictive until 2019, and now is among the broadest.

What the 2019 law changed

RCW 4.20.010 now provides for the economic and noneconomic damages sustained by the beneficiaries, in amounts the trier of fact finds just under all the circumstances, and the change applies to claims not time barred.

The estate's own claim

The persons listed may also recover the decedent's pain and suffering, anxiety, emotional distress or humiliation.

No cap

Washington's limit on noneconomic damages in personal injury and death cases was held unconstitutional in Sofie v. Fibreboard (1989).

Fault

The decedent's fault diminishes the damages under RCW 4.22.005 without barring them, and defendants pay their own shares under RCW 4.22.070.

Punitive damages

A summary says punitive damages are prohibited unless authorized by statute.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Washington's rules apply to your specific case with a licensed Washington attorney.