Prior to the enactment of RCW 4.20, a victim’s claim against a tortfeasor for a negligent
act would go away if the victim passed away during the pending case. Since this statute was enacted, the Personal Representative of the victim’s Estate now has standing to continue to bring the claim, known as a survival action on behalf of the Estate.  The Estate would be entitled to both economic damages, such as medical bills and loss of earnings, along with noneconomic damages, such as pain and suffering related to the injuries caused by the negligent act.

If you have have any legal related questions, please feel free to reach out to Charles McNeese and Adam Trotsky for a free phone, video, or in-person consultation. We look forward to answering any of your questions.