WPI 31.01 Action by Personal Representative

This is not a damage instruction. This instruction may be used as a separate instruction or an advance oral instruction in a case that involves both wrongful death and survival claims for personal injury. If a case involves only one of these claims, the instruction should be modified accordingly.

For claims under the “child injury or death” statute, RCW 4.24.010, the instruction may need to be modified to indicate that the parents as well as the personal representative are the plaintiffs.

RCW 4.20.010 (wrongful death statute), RCW 4.20.046 (general survival statute), and RCW 4.20.060 (special survival statute).

When the death of a person is caused by the wrongful act, neglect, or default of another, RCW 4.20.010 permits the decedent's personal representative to maintain an action for damages against the person causing the death on behalf of beneficiaries designated in the statute. RCW 4.20.060 provides that an action for personal injury may be prosecuted by the decedent's executor or administrator in favor of designated beneficiaries if the injuries sustained caused the decedent's death. RCW 11.02.005 provides that the term “personal representative” includes executor, administrator, special administrator, guardian or limited guardian, and special representative.

An action under RCW 4.20.020 and RCW 4.20.060 must be brought by the personal representative of the deceased. The parents or grandparents of the deceased may not bring the action on their own. See Benoy v. Simons, 66 Wn.App. 56, 831 P.2d 167 (1992) (summary judgment dismissing the action was upheld because no personal representative had been appointed for the deceased's estate). By comparison, an action brought under the “child injury or death” statute may be brought by the child's parents. See Benoy, 66 Wn.App. at 61; WPI 31.06.01 (Measure of Damages—Wrongful Death Actions Brought By Parent for Death of Child—RCW 4.24.010).