At common law, no civil action could be maintained by a close relative of a deceased person against one who wrongfully caused the death, according to the tort maxim actiopersonalis moritur cum persona —a personal action dies with the person. Gray v. Goodson , 61 Wash.2d 319, 324, 378 P.2d 413 (1963). In recognition that a living person may suffer and should recover from the wrongful death of a close relative, all of the states have passed wrongful death statutes, rejecting this common law rule and its harsh effects.
The wrongful death action is for the benefit of statutory heirs, not the decedent or the decedent's estate. RCW 4.20.020 ; Gray v. Goodson , 61 Wash.2d 319, 327, 378 P.2d 413 (1963) (quoting Maciejczak v. Bartell, 187 Wash. 113, 60 P.2d 31 (1936) ). The wrongful death act expresses our society's judgment that “a person may legally sustain damages when one, with whom a certain relationship existed, is wrongfully killed.
Tait v. Wahl, 97 Wn. App. 765, 768-69, 987 P.2d 127 (1999) (quoting Long v. Dugan, 57 Wn. App. 309, 311, 788 P.2d 1 (1990)).Federated Servs., 101 Wn. App. at 126 (citing RCW 4.20.010, 4.24.010; Gray v. Goodson, 61 Wn.2d 319, 325, 378 P.2d 413 (1963)).Gray, 61 Wn.2d at 327.
The Washington Supreme Court further emphasized the non-personal nature of a wrongful death claim, observing that the action is not solely intended "to provide a means of support during life for the beneficiary." Gray v. Goodson, 61 Wn.2d 319, 329, 378 P.2d 413, 419 (1963) (emphasis added). Other factors can be important in determining damages, such as companionship, care and advice.
Since the amendment of the wrongful death statute, we have uniformly held only the personal representative may bring a wrongful death action. Wood v. Dunlop, 83 Wn.2d 719, 723-24, 521 P.2d 1177 (1974); Gray v. Goodson, 61 Wn.2d 319, 378 P.2d 413 (1963); Maciejczak v. Bartell, 187 Wn. 113, 60 P.2d 31 (1936). The tolling statute, RCW 4.16.190, thus becomes operative only if the personal representative, the "person entitled to bring an action", is disabled.
The estate of decedent does not benefit by the action; the claim of damages for the wrongful death is not one that belonged to decedent. Gray v. Goodson, 61 Wn.2d 319, 378 P.2d 413 (1963), quoting Maciejczak v. Bartell, 187 Wn. 113, 60 P.2d 31 (1936). The crux of the complaint is paragraphs 14, 15, and 16:
Instead, the right is given to certain of the decedent's relatives, as a means of compensating them for injuries to their own pecuniary interests, suffered as a consequence of the wrongful death. Gray v. Goodson, 61 Wash.2d 319, 326–27, 378 P.2d 413 (1963) ; Johnson v. Ottomeier, 45 Wash.2d 419, 423, 275 P.2d 723 (1954). ¶ 42
The purpose of the wrongful death statute is to compensate certain relatives of the deceased for injuries to their pecuniary interest, suffered as the result of the wrongful death. See Gray v. Goodson, 61 Wn.2d 319, 378 P.2d 413 (1963). Pecuniary interest includes, in addition to monetary contributions, compensation for the loss of other services such as the "`love, affection, care, companionship, society, and consortium'" of the deceased spouse.
However, under Washington law, the statute does not start running until the cause of action accrues, i.e., when the plaintiff has the right to sue. Wash.Stat. § 4.16.010; Gray v. Goodson, 61 Wn.2d 319, 378 P.2d 413, 417 (1963). The plaintiffs in these actions did not have the right to sue until the crash occurred on November 23, 1964, and all the suits were filed within the time prescribed by the Washington statutes.
Even if this line of authority is controlling on this court, it does not dictate a contrary conclusion since the present state of the law of Washington appears to permit the maintenance of wrongful death actions by foreign administrators. Compare In re Ludwig's Estate, 49 Wn.2d 312, 301 P.2d 158 (1956) with Gray v. Goodson, 61 Wn.2d 319, 378 P.2d 413 (1963). This court therefore holds that the policy beneficiary is entitled to the insurance proceeds and that Keystone is not entitled to credit the amount of such proceeds against any judgment recovered by the personal representative of Schmidt on behalf of his minor daughter.