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August 27th, 2025 Washington State has two ways to help families get justice and money after losing a loved one due to someone else’s negligence: wrongful death claims and survival actions. While they sound similar, they work differently and help with different types of losses.
At Hess Injury Law, we know that thinking about legal stuff is probably the last thing you want to do right now. But understanding what options you have can help protect your family’s future and make sure the people who caused this tragedy have to take responsibility.
The key difference between wrongful death claims and survival actions lies in whose losses they address and when those losses occurred.
Wrongful death claims focus on compensating surviving family members for their own losses resulting from their loved one’s death. These claims address the impact the death has on the beneficiaries’ lives moving forward.
Survival actions seek compensation for the losses and suffering that the deceased person experienced from the time of their injury until their death. These claims essentially allow the deceased person’s legal rights to “survive” their death.
Both types of claims can often be filed simultaneously, providing comprehensive compensation for all the losses stemming from a wrongful death.
In Washington State, wrongful death claims are governed by RCW 4.20.010, which states: “When the death of a person is caused by the wrongful act, neglect, or default of another person, his or her personal representative may maintain an action against the person causing the death for the economic and noneconomic damages sustained by the beneficiaries.”
Under Washington law, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. This person acts on behalf of the eligible beneficiaries and is typically:
RCW 4.20.020 establishes a two-tier system for wrongful death beneficiaries:
First Tier Beneficiaries (primary):
Second Tier Beneficiaries (if no first-tier beneficiaries exist):
Importantly, since the 2019 amendments to Washington law, financial dependence on the deceased is no longer required for second-tier beneficiaries to recover damages.
Wrongful death claims in Washington can recover both economic and non-economic damages, including:
Economic Damages:
Non-Economic Damages:
Survival actions in Washington are governed by RCW 4.20.046 and RCW 4.20.060. These laws allow certain claims to continue even after the victim’s death.
Washington recognizes two types of survival actions:
General Survival Actions (RCW 4.20.046):
Special Survival Actions (RCW 4.20.060):
Survival actions can recover:
| Aspect | Wrongful Death Claims | Survival Actions |
| Purpose | Compensate family for their losses | Compensate for deceased’s losses |
| Time Period | Future losses from death forward | Losses from injury to death |
| Who Benefits | Statutory beneficiaries | Estate/beneficiaries |
| Filing Deadline | 3 years from date of death | 3 years from date of injury |
| Pain & Suffering | Family’s emotional pain | Deceased’s pre-death suffering |
Understanding the time limits for filing these claims is crucial:
This distinction is important because if there was a significant period between the injury and death, the survival action deadline may expire before the wrongful death claim deadline.
In many tragic cases, both wrongful death and survival action claims can and should be filed simultaneously. This is particularly common when:
For example, if someone is injured in a car accident in Walla Walla and spends several weeks in the hospital before succumbing to their injuries, the family could potentially file:
Defendants in wrongful death and survival action cases may raise several defenses to limit or eliminate their liability:
Washington follows a “pure comparative fault” system under RCW 4.22.005. This means that if the deceased contributed to their own death through negligent actions, the compensation awarded to beneficiaries will be reduced by the percentage of fault attributed to the deceased.
For example, if the deceased was found to be 20% at fault for the accident that caused their death, any damage award would be reduced by 20%.
Defendants may argue that the deceased voluntarily assumed a known risk that led to their death. However, Washington courts have held that this defense requires proof that the deceased “voluntarily and unreasonably proceeded to encounter a known danger.”
Defendants often argue that the claim was filed too late. This is why it’s crucial to consult with an attorney promptly after a wrongful death.
Defendants may argue that their actions did not actually cause the death, or that intervening factors were the true cause.
In some cases involving government entities or certain professionals, defendants may claim statutory immunity from liability.
At Hess Injury Law, we understand the unique challenges facing families in Walla Walla and throughout Eastern Washington during these difficult times.
Our experienced wrongful death attorneys will:
We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for your family. This ensures that financial concerns don’t prevent you from seeking the justice your loved one deserves.
If death was instantaneous, a survival action may not be appropriate since there would be no period of suffering between injury and death. However, a wrongful death claim would still be available to compensate beneficiaries for their losses.
Washington uses a pure comparative fault system where the jury determines each party’s percentage of responsibility. Even if your loved one was partially at fault, you can still recover damages, though they will be reduced proportionally.
If there are no statutory beneficiaries (spouse, children, parents, or siblings), there may be no wrongful death claim available. However, a general survival action might still be possible for economic damages to the estate.
The personal representative distributes wrongful death compensation to the eligible beneficiaries according to Washington law. Survival action compensation becomes part of the deceased’s estate and is distributed according to the will or intestacy laws.
Understanding the differences between wrongful death claims and survival actions is crucial for protecting your family’s rights after losing a loved one to someone else’s negligence.
At Hess Injury Law, we’re here to help families in Walla Walla and all across Eastern Washington through this tough time. We’ll look at your case, explain your choices in plain language, and work hard to get your family the money you deserve.
Call Hess Injury Law for a private consultation. We’ll listen to your story, answer your questions, and help you understand what you can do next.
Your loved one’s memory matters, and your family’s future does too. Let us help you fight for both.
Disclaimer: The content of this blog is for informational purposes only and does not constitute legal advice. It should not be relied upon as a substitute for professional legal counsel.
Peter J. Hess grew up in Walla Walla, Washington. He is a 1996 graduate of Walla Walla High School and a 2000 graduate of the University of Washington, with a B.A. in Business Administration/Information Systems.
Peter graduated from Willamette University College of Law, with honors, in 2007. While at Willamette, he was an Associate Editor of the Willamette Law Review, he was a Teacher’s Assistant for a Legal Research and Writing professor, and he worked as a Personal Injury Law Clerk at Swanson, Lathen, Alexander & McCann in Salem, Oregon. After graduation from Willamette, Peter began working here at Hess Injury Law. In 2012, he became a partner in the firm. He is licensed to practice law in both Washington and Oregon.