{"id":1364,"date":"2019-05-01T10:09:36","date_gmt":"2019-05-01T17:09:36","guid":{"rendered":"https:\/\/bullivant.wpengine.com\/?p=1364"},"modified":"2021-07-26T10:11:28","modified_gmt":"2021-07-26T17:11:28","slug":"washington-enacts-new-law-expanding-the-scope-of-wrongful-death-beneficiaries","status":"publish","type":"post","link":"https:\/\/studioactiv8.com\/bullivant\/washington-enacts-new-law-expanding-the-scope-of-wrongful-death-beneficiaries\/","title":{"rendered":"Washington Enacts New Law Expanding the Scope of Wrongful Death Beneficiaries"},"content":{"rendered":"
[vc_row][vc_column][vc_column_text]Washington State’s Legislative Season this year was a busy one, with several key statutes getting passed. From a defense litigation perspective, a key and controversial bill was SB 5163, Relating to actions for wrongful injury or death.\u00a0 This bill was ultimately passed by both houses and signed by Governor Jay Inslee on April 26, 2019.<\/span><\/p>\n

The new law mirrors bills that the Plaintiff’s bar has sought to get passed in previous years.\u00a0 However, this year SB 5163 picked up significant public support because of media attention spotlighting the Ride the Ducks cases arising from a <\/span>September 24, 2015 <\/span><\/a>collision that killed five people and injured more than 60.\u00a0 While some plaintiffs have <\/span>obtained significant verdicts<\/span><\/a> because of these lawsuits, other beneficiaries have been precluded from filing suit because they lived abroad when their loved ones died. \u00a0 The Plaintiff’s bar was able to use a seemingly pointless residency requirement to garner wide public support for this Bill despite significant efforts by the Defense bar to get it blocked.<\/span><\/p>\n

Importantly, however, the larger effect of this new law is that it<\/span> widens the scope of potential plaintiffs for damages arising from a wrongful death.<\/b><\/p>\n

Washington divides claims arising from a tortious death into two types.\u00a0 The first is a survival action, in which a personal representative for the Estate of a decedent can pursue damages the decedent could claim for a personal injury had they lived.\u00a0 This includes special damages such as medical expenses or lost wages as well as general damages suffered in between the injurious act and death <\/span>so long as the injury was realized or death was contemplated as imminent<\/span><\/i>.\u00a0 This does not include damages for shortened life or loss of enjoyment of life after death. The second type of claim is a wrongful death claim, and allows for beneficiaries to claim any pecuniary loses relating to the death of their relative.\u00a0 Pecuniary losses include monetary loss (such as loss of family income) as well as intangible losses such as loss of the decedent’s support, love, and companionship.<\/span><\/p>\n

Before the new law was passed<\/b>, there were two tiers of beneficiaries for each type of claim:<\/span><\/p>\n