[WSBAPT] Wrongful Death v. Survival Claim proceeds
Dalynne Singleton
dalynne at singletonlawgroup.net
Sat Feb 27 10:13:44 PST 2016
I have a client whose adult daughter, still living at home, was killed. No children or spouse.
I have gone over the wrongful death and survival statutes and have questions after my analysis below:
1. Wrongful death. Parents of adult child do not appear to qualify in tier 2 (no financial dependence) and there are no tier 1 beneficiaries.
2. Survival claim. She lived long enough to go to the hospital but died there. So there is a survival claim.
Question: There is $25,000 from tortfeasor insurer & $100,000 underinsured coverage to parents/deceased daughter. There are medical bills and one credit card creditor. Can I designate $10,000 - $25,000 to pay funeral, administrative expenses and tell the creditors this is the amount of monies for claims AND disburse the rest to the parents outside of probate? If yes, do I need to have the release to the tortfeasor reflect my division? If no, what scenario best fits to allow the parents some monies for the death of their adult daughter.
Here is my understanding of the law and the proceeds from wrongful death v. survival benefits. I would love to hear if someone disagrees with my analysis
Wrongful Death: RCW 4.20.010 & RCW 4.20.020 Cause of action for specific beneficiaries.
The action is brought by the personal representative of the estate but this is merely for the sake of
Procedural convenience. The cause of action vests in the statutory beneficiaries, not the estate
And the sums awarded cannot be attached by estate creditors.
First Tier Beneficiaries Spouse, children, stepchildren. If none, then go to 2nd tier
Second Tier Beneficiaries Parents & Siblings but only if residents of US AND can demonstrate threshold level of dependency
On the decedent. Losses include financial contributions the decedent would have made to the
Beneficiaries, loss of consortium. If the deceased child is under 18, then the parents don't need to
Show financial dependence. The child wrongful death statute provides for medical and funeral expenses
And allows for destruction of parent-child relationship as well as loss of child consortium.
If no statutory beneficiaries, cannot bring a wrongful death claim damages.
Adult child dies. Only claim parents have, if not financially dependent on adult child, is an Estate claim = out
Of pocket expenses for funeral, medical expenses incurred prior to death which were caused by negligence
And net accumulations to estate which are projected gross earnings of child over their lifetime offset
By cost of consumption.
Survival Claim: RCW 4.20.046 & RCW 4.20.060 Action is brought by personal representative of estate.
Preserve the decedent's claims for Injury or death - allowing the estate administrator / PR to bring the
Claims which the decedent could have made had he/she lived. Any proceeds obtained are an estate asset
And can be attached by estate creditors.
RCW 4.20.060 Special survival statute. This is for the continuation of claims which resulted in the death of the decedent.
These actions are brought for harms done to the decedent's estate but vest not in the estate but to
The tier one and tier two beneficiaries. They cannot be attached by estate creditors. Claims include
Medical and funeral expenses, loss of net earnings of the decedent that would have accumulated to the
Estate had the decedent lived. The estate can seek pre death fear, pain and suffering damages as well.
Dalynne Singleton
[SingletonLawGD27aR04aP02ZL-Johnson4a_mdm]
3215 NW Lowell Street, #161
Silverdale, WA 98383
Phone: 360-329-4079
Fax: 360-443-1259
E-mail: dalynne at singletonlawgroup.net<mailto:dalynne at singletonlawgroup.net>
Web: www.singletonlawgroup.net<http://www.singletonlawgroup.net/>
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