WPI 32.05 Measure of Damages—Loss of Consortium—Parent

For actions in which loss of parental consortium is claimed in an injury case, this phrase is to be inserted in the noneconomic damages section of the damage instruction (WPI 30.01.01, WPI 30.02.01, or WPI 30.03.01) when the evidence justifies its use.

In an action involving the death of a parent, use WPI 31.03.01 (Measure of Damages—Wrongful Death—Action for Benefit of Children/Stepchildren).

In 2019, the Legislature substantially amended statutes applicable to wrongful death actions. RCW 4.20.010, which previously allowed statutory beneficiaries such as spouses to assert an action simply for “damages,” was amended to provide an action “for the economic and noneconomic damages sustained by the beneficiaries listed in RCW 4.20.020 … in such amounts as determined by a trier of fact to be just under all the circumstances of the case.” Laws of 2019, Chapter 59, § 1. The amendments retroactively apply to “all claims that are not time barred, as well as any claims pending in any court on the effective date of this section.” Laws of 2019, Chapter 59, § 6.

A child has an independent cause of action for loss of love, care, companionship, and guidance of a parent tortiously injured by a third party. But the child's claim for loss of parental consortium must be joined with the injured parent's claim unless it is shown why joinder with the parent's underlying claim is not feasible. Moreover, the jury should be instructed that the child's damages should be considered separately from those of the injured parent. Ueland v. Reynolds Metals Co., 103 Wn.2d 131, 139, 691 P.2d 190 (1984). For additional discussion of the definition of parental consortium, see WPI 31.03.01 (Measure of Damages—Wrongful Death—Action for Benefit of Children/Stepchildren).

For further discussion relating to actions for loss of consortium see the Comment to WPI 32.04 (Measure of Damages—Loss of Consortium—Spouse/State Registered Domestic Partner).