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

Wash. Rev. Code § 4.20.060 (2026)

Action for personal injury survives

✓ current as of May 2026
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(1) No action for a personal injury to any person occasioning death shall abate, nor shall such right of action terminate, by reason of such death, if such person has a surviving spouse, state registered domestic partner, or child living, including stepchildren, or if leaving no surviving spouse, state registered domestic partner, or children, the person has surviving parents or siblings.
(2) An action under this section shall be brought by the personal representative of the deceased, in favor of the surviving spouse or state registered domestic partner, or in favor of the surviving spouse or state registered domestic partner and children, or if no surviving spouse or state registered domestic partner, in favor of the child or children, or if no surviving spouse, state registered domestic partner, or a child or children, then in favor of the decedent's parents or siblings.
(3) In addition to recovering the decedent's economic losses under this section, the persons listed in subsection (1) of this section are entitled to recover damages for the decedent's pain and suffering, anxiety, emotional distress, or humiliation, in such amounts as determined by a trier of fact to be just under all the circumstances of the case.
[ 2019 c 159 s 4; 2007 c 156 s 30; 1985 c 139 s 2; 1973 1st ex.s. c 154 s 3; 1927 c 156 s 1; 1909 c 144 s 1; Code 1881 s 18; 1854 p 220 s 495; RRS s 194.]

Notes:

Retroactive application—2019 c 159: See note following RCW 4.20.010.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
Notes of Decisions
Cited in 49 cases (2 in the last 5 years), 1959–2024 · 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 15× “046(1) or RCW 4.20.060, Washington's survival statutes.”
Est. of Otani v. Broudy, 151 Wash. 2d 750 (Wash. 2004). · cites it 15× “046(1) or RCW 4.20.060, Washington’s survival statutes.”
Walton v. Absher Constr. Co., 676 P.2d 1002 (Wash. 1984). · cites it 16× “The issue is: Are the decedent's pain and suffering recoverable elements of damages under the special survival statute, RCW 4.20.060. Charles H. Walton died from injuries received in a fall at a construction site where he was employed.”
Tait v. Wahl, 987 P.2d 127 (Wash. Ct. App. 1999). · cites it 10× “Washington's Special Survival Statute Washington's special survival statute, RCW 4.20.060, which is also known as the death by personal injury statute, allows the executor or administrator of a decedent's estate "to recover for the decedent's damages, including any pain and…”
Wilson v. Grant, 258 P.3d 689 (Wash. Ct. App. 2011). · cites it 17× “046 (1993); former RCW 4.20.060 (1985) (survival). 2 Wrongful Death (RCW 4.”
Philippides v. Bernard, 151 Wash. 2d 376 (Wash. 2004). · cites it 3× “020 and RCW 4.20.060. Defendants moved to dismiss the claims.”
Philippides v. Bernard, 88 P.3d 939 (Wash. 2004). · cites it 3× “020 and RCW 4.20.060. Defendants moved to dismiss the claims.”
Klossner v. San Juan Cnty., 605 P.2d 330 (Wash. 1980). · cites it 4× “020 and RCW 4.20.060. Klossner v. San Juan County, 21 Wn.”
White v. Johns-Manville Corp., 693 P.2d 687 (Wash. 1985). · cites it 2× “060, so as to toll the applicable statutes of limitation until such time as plaintiff, as the surviving spouse and personal representative of the decedent, discovers or should reasonably have discovered the essential elements of her possible causes of action? The stipulated…”
Miles v. Apex Marine Corp., 498 U.S. 19 (1990). “2d 206 , 229 (1971); Wash. Rev. Code § 4.20.060 (1989); Balmer v.”
Parrish v. Jones, 722 P.2d 878 (Wash. Ct. App. 1986). · cites it 7× “046 3 and the other based on former RCW 4.20.060. 4 *453 Each of these statutes allow for different damages and beneficiaries.”
Deggs v. Asbestos Corp., 381 P.3d 32 (Wash. 2016). “2d at 423 , it is entirely separate and distinct from any personal injury action that arises from the same set of facts and survives to the decedent’s estate under RCW 4.20.060. See 6 Washington Practice: Washington Pattern Jury Instructions: Civil 31.”
Show all 49 citing cases →
— Wash. Rev. Code § 4.20.060(1) — 1 case
Bonner v. Rexon Indus. Corp (E.D. Wash. 2024).
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