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How Does Washington's Survival Statute Affect Wrongful Death Claims?

When a person's death is caused by the negligent act of another person, Washington's survival statutes preserve causes of action that the deceased person could have brought had he or she survived. A survival action is a claim for injuries and damages that the deceased suffered prior to death, and which the deceased could have pursued had he/she lived. 

The purpose of awarding damages under the survival statutes is to remedy the old common law anomaly, which only allowed accident victims to sue if they survived an accident but barred any claims if they died from their injuries.

Example Of Survival Action In A Wrongful Death Claim

An example of a survival action would be where the deceased is injured but does not die immediately from those injuries. This time period between the injury and death may be short (a few hours or a few days), or the period may be much longer (a few months or even years).What is a survivor action?

During this period, the deceased may have incurred more medical bills and other expenses, and may also have experienced ongoing physical pain and mental suffering before death.

In a case like this, the deceased’s estate may also pursue a survival action to recover these pre-death damages which were proximately caused by the at-fault party’s negligence or wrongful act, in addition to a wrongful death claim.

Contact A Wrongful Death Lawyer To Learn More

If you are suffering after the loss of a loved one due to someone else's negligence, it is likely in your best interests to consult with a qualified attorney who has experience successfully resolving wrongful death claims. Our attorneys offer free legal consultations to surviving family members who have lost a loved one. 

Contact the award-winning wrongful death attorneys at Davis Law Group to learn more about wrongful death claims and your legal rights as a surviving family member. Call our office in Seattle at (206) 727-4000 or use the confidential contact form on this page to request a free legal consultation with our team.