Wash. Rev. Code » Title 4 · Chapter 4.20
Revised Code of Washington

Wash. Rev. Code § 4.20.046 (2026)

Survival of actions

✓ current as of May 2026
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(1) All causes of action by a person or persons against another person or persons shall survive to the personal representatives of the former and against the personal representatives of the latter, whether such actions arise on contract or otherwise, and whether or not such actions would have survived at the common law or prior to the date of enactment of this section.
(2) In addition to recovering economic losses on behalf of the decedent's estate, the personal representative is only entitled to recover noneconomic damages for pain and suffering, anxiety, emotional distress, or humiliation personal to and suffered by the deceased on behalf of those beneficiaries enumerated 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. Damages under this section are recoverable regardless of whether or not the death was occasioned by the injury that is the basis for the action.
(3) The liability of property of spouses or domestic partners held by them as community property and subject to execution in satisfaction of a claim enforceable against such property so held shall not be affected by the death of either or both spouses or either or both domestic partners; and a cause of action shall remain an asset as though both claiming spouses or both claiming domestic partners continued to live despite the death of either or both claiming spouses or both claiming domestic partners.
(4) Where death or an injury to person or property, resulting from a wrongful act, neglect or default, occurs simultaneously with or after the death of a person who would have been liable therefor if his or her death had not occurred simultaneously with such death or injury or had not intervened between the wrongful act, neglect or default and the resulting death or injury, an action to recover damages for such death or injury may be maintained against the personal representative of such person.
[ 2019 c 159 s 3; 2008 c 6 s 409; 1993 c 44 s 1; 1961 c 137 s 1.]

Notes:

Retroactive application—2019 c 159: See note following RCW 4.20.010.
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Notes of Decisions
Cited in 101 cases (12 in the last 5 years), 1963–2025 · leading case: Otani Ex Rel. Shigaki v. Broudy, 92 P.3d 192 (Wash. 2004).
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Otani Ex Rel. Shigaki v. Broudy, 92 P.3d 192 (Wash. 2004). · cites it 22× “020, and the survival statutes, RCW 4.20.046 and RCW 4.20.060. As mentioned, the decedent's estate brought wrongful death claims and recovered a judgment on those claims.”
Est. of Otani v. Broudy, 151 Wash. 2d 750 (Wash. 2004). · cites it 21× “44, § 1, RCW 4.20.046 (1) provides that: All causes of action by a person or persons against another person or persons shall survive to the personal representatives of the former and against the personal representatives of the latter.”
Wilson v. Grant, 258 P.3d 689 (Wash. Ct. App. 2011). · cites it 37× “020 (1985) (wrongful death); former RCW 4.20.046 (1993); former RCW 4.20.060 (1985) (survival).”
Tait v. Wahl, 987 P.2d 127 (Wash. Ct. App. 1999). · cites it 19× “046(1) provided that a decedent's personal representative "shall not" recover damages for the decedent's pre-death pain and suffering, anxiety, emotional distress, or humiliation: All causes of action by a person or persons against another person or persons shall survive to the…”
Walton v. Absher Constr. Co., 676 P.2d 1002 (Wash. 1984). · cites it 14× “020, and survival statutes, RCW 4.20.046 and RCW 4.20.060. The complaint alleged: As a proximate result of the above described wrongful acts of the defendants, decedent suffered several multiple injuries, which caused his death on October 17, 1980.”
Herskovits v. Grp. Health Coop., 664 P.2d 474 (Wash. 1983). · cites it 4× “The decedent's personal action for loss of this chance will survive to his personal representatives as provided by RCW 4.20.046. The family of the decedent should also be allowed to maintain an action for the lost chance of recovery by the decedent.”
Wilson v. Steinbach, 656 P.2d 1030 (Wash. 1982). · cites it 2× “010 and RCW 4.20.046. The trial court granted respondents' motion for summary judgment and dismissed the claims.”
White v. Johns-Manville Corp., 693 P.2d 687 (Wash. 1985). · cites it 4× “010 (wrongful death statute); (2) A claim under RCW 4.20.046 (survival statute); *346 (3) A claim under RCW 4.”
Wooldridge v. Woolett, 638 P.2d 566 (Wash. 1981). · cites it 5× “This case presents the question whether the value of a person's shortened life expectancy is a separately recoverable item of damages in a survival action brought pursuant to RCW 4.20.046. The trial court refused to instruct the jury that the reasonable value of Clifford S.”
United States v. Burke, 504 U.S. 229 (1992). · cites it 2× “§ 59:9-2(d) (West 1982) (action against public entity or employee); Wash. Rev. Code § 4.20.046 (1) (1989) (action by estate of deceased), the modified action is still fairly described as one "based upon tort rights," and certainly is an "action based upon tort-type rights.”
Cavazos v. Franklin, 867 P.2d 674 (Wash. Ct. App. 1994). · cites it 9× “* — Dianne Franklin seeks review of the denial of her motion for summary judgment, contending there is no cause of action under the survival statute, RCW 4.20.046, for a viable unborn child who was negligently killed in an automobile accident.”
Schumacher v. Williams, 28 P.3d 792 (Wash. Ct. App. 2001). · cites it 4× “However, to do so would create a conflict with the provisions of the general statute on survival of actions, RCW 4.20.046. In such a circumstance, our paramount obligation is to attempt to harmonize statutes pertaining to the same subject matter.”
Show all 101 citing cases →
— Wash. Rev. Code § 4.20.046(1) — 29 cases
Tait v. Wahl, 987 P.2d 127 (Wash. Ct. App. 1999). “046(1) provided that a decedent's personal representative "shall not" recover damages for the decedent's pre-death pain and suffering, anxiety, emotional distress, or humiliation: All causes of action by a person or persons against another person or persons shall survive to the…”
Otani Ex Rel. Shigaki v. Broudy, 92 P.3d 192 (Wash. 2004). “020, and the survival statutes, RCW 4.20.046 and RCW 4.20.060. As mentioned, the decedent's estate brought wrongful death claims and recovered a judgment on those claims.”
Est. of Otani v. Broudy, 151 Wash. 2d 750 (Wash. 2004). “44, § 1, RCW 4.20.046 (1) provides that: All causes of action by a person or persons against another person or persons shall survive to the personal representatives of the former and against the personal representatives of the latter.”
Wilson v. Grant, 258 P.3d 689 (Wash. Ct. App. 2011). “020 (1985) (wrongful death); former RCW 4.20.046 (1993); former RCW 4.20.060 (1985) (survival).”
Kommavongsa v. Haskell, 67 P.3d 1068 (Wash. 2003).
— Wash. Rev. Code § 4.20.046(1)(1992) — 1 case
Otani Ex Rel. Shigaki v. Broudy, 59 P.3d 126 (Wash. Ct. App. 2002).
— Wash. Rev. Code § 4.20.046(2) — 2 cases
Howard v. Kijakazi (W.D. Wash. 2023).
Johnson v. City of Seattle (W.D. Wash. 2023).
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