WPI 31.00 Introduction
6 WAPRAC WPI 31.00Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 31.00 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part IV. Damages
Chapter 31. Damages—Wrongful Death and Survival Actions
WPI 31.00 Introduction
Washington has two statutes on wrongful death actions—a general wrongful death statute (RCW 4.20.010, in conjunction with RCW 4.20.020) and a “child injury or death” statute applying to parents' action for the death of a child (RCW 4.24.010). Washington also has two statutes on survival actions—a general survival statute (RCW 4.20.046) and a special survival statute (RCW 4.20.060).
Each of these statutes is discussed in more detail in the Comments to the individual instructions contained in this chapter. For general overviews of these statutes, see generally DeWolf & Allen, 16 Washington Practice, Tort Law and Practice §§ 7:2, 7:4 (5th ed.).
The causes of action for wrongful death and survival may overlap in a particular case. When a case involves both causes of action, care must be taken to avoid allowing a double recovery. See the discussion in the Comment to WPI 31.01.01 (Measure of Damages—Survival Action—Statutory Beneficiaries).
[Current as of April 2021.]
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