[WSBAPT] wrongful death claims for unborn baby

[Eric Nelsen]

Found it faster than I expected-it's Title 11, not 26. RCW 11.02.005(11)<https://apps.leg.wa.gov/rcw/default.aspx?cite=11.02.005>, definition of "issue":

(11) "Issue" means all the lineal descendants of an individual. An adopted individual is a lineal descendant of each of his or her adoptive parents and of all individuals with regard to which each adoptive parent is a lineal descendant. A child conceived prior to the death of a parent but born after the death of the deceased parent is considered to be the surviving issue of the deceased parent for purposes of this title.

Interestingly, that's a 2007 amendment to the statute,  2007 c 475 § 1<https://lawfilesext.leg.wa.gov/biennium/2007-08/Pdf/Bills/Session%20Laws/House/2236.SL.pdf?cite=2007%20c%20475%20%C2%A7%201>. Not sure what prompted it at that time. That law is also the enactment of the Uniform Simultaneous Death Act, Ch. 11.05A RCW.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: Eric Nelsen
Sent: Wednesday, August 30, 2023 9:02 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: RE: wrongful death claims for unborn baby

I don't have the statute or case law at my fingertips but yes, you can make that claim. It might be in Title 26-something about children born after a father's death are considered survivors. I'll see if I can find it.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Dalynne Singleton
Sent: Wednesday, August 30, 2023 8:23 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] wrongful death claims for unborn baby

I have a young mother widow who is 7 months pregnant with her first child and her husband was killed in a horrific collision.  The tortfeasor defendant has $25k in policy limits.  UIM has $100k and it has been tendered.  Is it possible to make claims for the unborn child as well as the mother?

The WD statute RCW 4.20 provides for the spouse and children.  Given the child is not yet born at the time of the father's death, has anyone been successful in making this argument?  I recently had a SGAL provide monies to a newly born baby AFTER the death of a teen sibling which I thought was inventive and the parents agreed with monies to this new sibling.  The court signed off on that Order.

Would love to hear from others on their own Orders and claims made by thinking outside the box on this issue.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
Attorney/client meetings will be handled by teleconference or virtually whenever possible.  If you would like to set a telephone conference, zoom, or in person meeting, please call or email one my paralegals selina at glgmail.com<mailto:selina at glgmail.com> or elle at glgmail.com<mailto:elle at glgmail.com>.  My legal assistant can be reached at paige at glgmail.com<mailto:paige at glgmail.com>.  Co-counsel Anna Thompson can be reached at anna at glgmail.com<mailto:anna at glgmail.com>.

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