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A:
Washington’s wrongful death statute will also apply to an unborn fetus as long as the fetus was “viable.” Usually, a viable fetus is one that was healthy and was expected to be born healthy if the death of the fetus not occurred. The wrongful death of that fetus is a recognized cause of action under the statute. What this means is that a child does not have to be physically born before a claim for wrongful death can go forward.
See Moen v. Hanson, 85 Wn.2d 597, 537 P.2d 266 (1975).
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