WPI 31.03.02 Measure of Damages—Wrongful Death—Action for Benefit of Parent, Brother, or Sister
6 WAPRAC WPI 31.03.02Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 31.03.02 (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 31.03.02 Measure of Damages—Wrongful Death—Action for Benefit of Parent, Brother, or Sister
It is the duty of the court to instruct you as to the measure of damages on plaintiff's claim for losses suffered by(name of parent/brother/sister). [By instructing you on damages, the court does not mean to suggest for which party your verdict should be rendered.
If your verdict is for the plaintiff, then] you must determine the amount of money that will reasonably and fairly compensate(name of parent/brother/sister)for such damages as you find were proximately caused by the negligence of the defendant.
[If you find for the plaintiff] [your verdict must include the following undisputed items:
(insert undisputed items and amounts)
In addition] you should consider the following items:
1. Economic Damages:
You should consider what benefits of monetary value, including money, goods, and services the decedent would have contributed to(name of parent/brother/sister)had(name of decedent)lived.
2. Noneconomic Damages:
You should also consider what(name of decedent)reasonably would have been expected to contribute to(name of parent/brother/sister)in the way of love, care, companionship, and guidance had(name of decedent)lived.
In making your determination, you should take into account(name of decedent)'s age, health, life expectancy, occupation, and habits. You should also take into account(name of decedent)'s earning capacity, including(name of decedent)'s actual earnings prior to death and the earnings that reasonably would have been expected to be earned by(name of decedent)in the future. In determining the amount that(name of decedent)reasonably would have been expected to contribute in the future to(names of parent/brother/sister), you should also take into account the amount you find(name of decedent)customarily contributed to(name of parent/brother/sister).
The burden of proving damages rests upon the plaintiff. It is for you to determine, based upon the evidence, whether any particular element has been proved by a preponderance of the evidence.
Your award must be based upon evidence and not upon speculation, guess, or conjecture.
The law has not furnished us with any fixed standards by which to measure noneconomic damages. With reference to these matters you must be governed by your own judgment, by the evidence in the case, and by these instructions.
NOTE ON USE
Use this instruction for wrongful death actions brought by “second-tier” beneficiaries, i.e., by dependent parents, brothers and sisters, under the wrongful death statute, RCW 4.20.010 (and RCW 4.20.020). For actions by “first-tier” beneficiaries under this statute, use either WPI 31.02.01 (Measure of Damages—Wrongful Death—Action for Benefit of Spouse/State Registered Domestic Partner) or WPI 31.03.01 (Measure of Damages—Wrongful Death—Action for Benefit of Children/Stepchildren).
For survival claims, use either WPI 31.01.01 (Measure of Damages—Survival Action—Statutory Beneficiaries) or WPI 31.01.02 (Measure of Damages—Survival Action—No Statutory Beneficiaries) instead of this instruction.
For claims under the “child injury or death” statute, use WPI 31.06.01 (Measure of Damages—Wrongful Death Actions Brought by Parent for Death of Child—RCW 4.24.010) instead of this instruction.
Use bracketed material as applicable. If some of the bracketed phrases are deleted, practitioners may need to capitalize the first word that follows the deleted phrase.
For further discussion of contributory negligence, see the Comment to WPI 31.02.01 (Measure of Damages—Wrongful Death—Action for Benefit of Spouse/State Registered Domestic Partner).
COMMENT
This instruction has been modified for this edition to reflect statutory changes.
Dependency no longer required. RCW 4.20.020, RCW 4.20.046, RCW 4.20.060, and RCW 4.24.010 were amended effective July 20, 2019. The amendments are remedial and retroactive and “applies to all claims that are not time-barred, as well as any claims pending in any court on July 28, 2019.” Laws 2019, Chapter 159, § 6. The amended RCW 4.20.020 maintains the prior law that parents and siblings of the decedent may potentially recover damages only if the decedent did not have a spouse, state registered domestic partner, or child at the time of death. However, under the amended RCW 4.20.020, RCW 4.20.046, and RCW 4.20.060, parents and siblings of the decedent are no longer required to demonstrate financial dependence on the decedent in order to potentially recover economic and non-economic damages. They also may recover if they do not reside in the United States.
It is no longer required that dependency be established for “second-tier” beneficiaries (parents, brothers or sisters) in order to pursue claims under RCW 4.20.010–.060. Under RCW 4.20.010 et seq., parents, brothers, or sisters may only pursue wrongful death claims if the decedent was not survived by a spouse, state registered domestic partner, or children.
Election of remedies for parents. If the parents meet the statutory criteria, they have an election of remedies and may sue under either the wrongful death statute (RCW 4.20.010) or the “child injury or death” statute (RCW 4.24.010). Machek v. City of Seattle, 118 Wash. 42, 45, 48, 203 P. 25 (1921); Cavazos v. Franklin, 73 Wn.App. 116, 121, 867 P.2d 674 (1994); Masunaga v. Gapasin, 57 Wn.App. 624, 627–28, 790 P.2d 171 (1990). The damage elements are different under each statute.
Siblings. Non-dependent siblings of a decedent do not have a cause of action for loss of consortium if the decedent is survived by a spouse, registered domestic partner, or child under RCW 4.20.010 and RCW 4.20.020.
For a discussion of other issues relating to the wrongful death statute, RCW 4.20.010, see the Comment to WPI 31.02.01 (Measure of Damages—Wrongful Death—Action for Benefit of Spouse/State Registered Domestic Partner). For a discussion of other issues relating to the “child injury or death” statute, RCW 4.24.010, see the Comment to WPI 31.06.01 (Measure of Damages—Wrongful Death Actions Brought by Parent for Death of Child—RCW 4.24.010).
[Current as of April 2021.]
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