Washington
Washington Wrongful Death Laws (2026): Deadlines & Who Sues
Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. · 5 primary sources cited on this page. How we verify our legal content
When a person in Washington dies because of another party's wrongful act, neglect, or default, the law lets the estate's personal representative bring a wrongful death claim for the losses suffered by the decedent's family. Washington's wrongful death and survival statutes are gathered in Chapter 4.20 RCW, and a 2019 reform meaningfully expanded who can recover. This guide explains the current rules, including the post-2019 beneficiary structure, the survival actions, and why Washington has no statutory cap on these damages. It is general information and attorney advertising, not legal advice.
The deadline to file in Washington
A Washington wrongful death action generally must be filed within three years. The wrongful death statutes themselves do not state a separate limitations period, so the claim borrows the three-year period in RCW 4.16.080(2), which covers any other injury to the person or rights of another not otherwise enumerated, and for wrongful death that period is measured from the date of death. This three-year window is the central deadline, and missing it almost always ends the case.
Some situations change the timing. Claims against a state or local government entity in Washington require a formal claim filing, under RCW 4.92.100 for the state or RCW 4.96.020 for local entities, plus a waiting period before suit of sixty calendar days after the claim is presented (RCW 4.92.110 for the state, RCW 4.96.020 for local entities), and those steps must happen within the limitations period. Cases involving minors or certain delayed-discovery facts can also affect the analysis. Because these variations can shorten the effective deadline, confirming your specific dates early is essential. If a government entity may share the blame, get a free consultation from a Washington wrongful death lawyer to present the government claim early enough for the sixty-day wait (attorney advertising).
Who can file in Washington
Washington does not let individual family members file the lawsuit on their own. Under RCW 4.20.010, the personal representative of the deceased, meaning the executor named in a will or the administrator appointed by the court, maintains the action against the person who caused the death. The representative recovers the economic and noneconomic damages sustained by the statutory beneficiaries.
Those beneficiaries are listed in RCW 4.20.020 in two tiers. The first tier is the spouse, the state registered domestic partner, and the children, including stepchildren, of the deceased. If there is no first-tier beneficiary, the action may be maintained for the benefit of the parents or siblings of the deceased. A 2019 amendment is the key modern change here: it removed the older requirement that these second-tier parents and siblings be residents of the United States and financially dependent on the decedent. As a result, parents and siblings who were previously shut out, including those living abroad, can now recover when there is no spouse, partner, or child.
Wrongful death versus survival action
Washington keeps a clear line between the wrongful death claim and survival actions, and they often proceed together. The wrongful death claim under RCW 4.20.010 and 4.20.020 compensates the surviving beneficiaries for their own losses from the death.
Washington has two survival statutes that overlap in the damages they allow but differ in which death they cover. The general survival statute, RCW 4.20.046, lets the estate continue the causes of action the decedent had regardless of whether the decedent's death was caused by that same injury, and it authorizes recovery of both the decedent's economic losses and noneconomic damages for pain, suffering, anxiety, emotional distress, or humiliation. The special survival statute, RCW 4.20.060, applies specifically when the personal injury itself is what caused the death, and it likewise allows recovery of the decedent's economic losses along with pain and suffering, anxiety, emotional distress, or humiliation, for the benefit of the statutory beneficiaries. Which survival recovery actually passes through the estate depends on the claim: RCW 4.20.046 recovers economic losses on behalf of the decedent's estate, but its subsection (2) confines the noneconomic damages to recovery on behalf of those beneficiaries enumerated in RCW 4.20.020, and RCW 4.20.060 is brought by the personal representative in favor of the surviving spouse, state registered domestic partner, and children, or failing those the parents or siblings, whom subsection (3) entitles to recover the decedent's pain and suffering directly. The 2019 reform also broadened who benefits from these survival claims, aligning them with the expanded wrongful death beneficiary list.
Damages you can recover
Washington allows a broad range of damages. On the wrongful death side, the beneficiaries can recover economic losses such as the loss of financial support and the value of services the decedent provided, and noneconomic losses such as the loss of the decedent's love, companionship, society, care, and guidance. The statute directs the trier of fact to award amounts that are just under all the circumstances.
The survival actions add the decedent's own losses. Both statutes let the personal representative recover the decedent's economic losses as well as the decedent's own pain and suffering, anxiety, emotional distress, and humiliation experienced before death; RCW 4.20.046 applies regardless of whether that same injury caused the death, while RCW 4.20.060 applies specifically when it did. Under both statutes the noneconomic damages are recovered for the statutory beneficiaries rather than for the estate at large. Together, the wrongful death and survival claims let a Washington recovery reflect both what the family lost and what the decedent personally endured.
Damage caps and punitive damages
Washington places no statutory dollar cap on wrongful death or survival damages. The legislature once enacted a cap on noneconomic damages, but in Sofie v. Fibreboard Corp. the Washington Supreme Court held that the cap violated the state constitutional right to a jury trial because it interfered with the jury's traditional role in setting damages. That cap is a nullity, so awards are not limited by a fixed ceiling.
Punitive damages are a different matter. As a general rule, Washington does not allow punitive damages unless a statute specifically authorizes them, and Washington's wrongful death and survival statutes do not. The result is that a Washington wrongful death recovery is almost always compensatory, focused on the family's losses and the decedent's pre-death harm rather than on punishing the wrongdoer.
How fault affects the claim
Washington follows pure comparative fault under RCW 4.22.005, and RCW 4.22.020 supplies the rule that makes a decedent's own fault count in a wrongful death case: its final sentence provides that in an action brought for wrongful death or loss of consortium, the contributory fault of the decedent or injured person is imputed to the claimant in that action. If the person who died is found to have been partly at fault, the recovery is reduced in proportion to that share of fault, but it is never barred entirely. Even a decedent who was largely at fault leaves the family able to recover the remaining percentage from other responsible parties. This is far more forgiving than the contributory negligence rule used in a handful of states, where any fault by the decedent can defeat the claim. Because the percentage of fault directly reduces the award, how fault is investigated and allocated still matters a great deal in a Washington case.
How proceeds are distributed
A wrongful death recovery in Washington is for the benefit of the statutory beneficiaries in RCW 4.20.020, and it is distributed among the members of the tier that applies. When more than one beneficiary shares in the recovery, the award is allocated to reflect each person's relationship to and loss from the decedent, and courts oversee that allocation, particularly where minors or a wrongful death settlement are involved. Because only one tier recovers, the presence of a spouse, partner, or child generally means parents and siblings do not share in the wrongful death award.
Survival action proceeds do not all follow a single path. Economic losses recovered under the general survival statute, RCW 4.20.046, are recovered on behalf of the decedent's estate, so that money passes through probate, going to the heirs under Washington's intestacy rules or under the decedent's will, and it can be reached by valid claims of the decedent's creditors before any distribution to family. The noneconomic damages under that same statute are recovered on behalf of the beneficiaries enumerated in RCW 4.20.020, and the special survival action under RCW 4.20.060 is brought in favor of the surviving spouse, state registered domestic partner, and children, or failing those the parents or siblings, who are entitled to recover the decedent's pain and suffering directly. The official House bill report for the 2019 reform describes the general survival action as passing through the estate while the special survival action is distributed directly to the statutorily defined beneficiaries. How a settlement or verdict is allocated between the wrongful death claim, the estate's survival losses, and the beneficiary-directed survival damages can therefore affect what each family member ultimately receives.
How to evaluate your situation
After losing a family member to someone else's wrongful act, a few steps help protect the family's rights. Preserve key records, including the death certificate and any medical, accident, or police records, along with proof of the deceased person's earnings and the support and services they provided. Identify who falls within the first tier of beneficiaries, and confirm the three-year deadline early, since government-claim filing rules and cases involving minors can change the timeline. Most wrongful death attorneys offer a free consultation and work on a contingency basis, meaning no upfront fee and payment only out of any recovery. No attorney can promise a specific outcome. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.
Frequently Asked Questions
What is the deadline to file a wrongful death claim in Washington?
A Washington wrongful death action generally must be filed within 3 years under RCW 4.16.080(2), the same period that applies to the underlying injury, measured from the date of death. Claims against government entities require a formal claim filing under RCW 4.92.100 or RCW 4.96.020 and a sixty-day waiting period within that window, and cases involving minors can affect the analysis. Because missing the deadline usually ends the case, confirm yours with an attorney promptly.
Who can file a wrongful death lawsuit in Washington?
The personal representative of the estate files the claim under RCW 4.20.010 for the benefit of the beneficiaries listed in RCW 4.20.020. The first tier is the spouse, state registered domestic partner, and children, including stepchildren. If there is none, parents and siblings may recover, and a 2019 reform removed the old requirement that those parents and siblings be U.S. residents and financially dependent on the decedent.
What damages can be recovered in a Washington wrongful death case?
Beneficiaries can recover economic losses such as lost financial support and services, and noneconomic losses such as the loss of the decedent's love, companionship, society, care, and guidance. Separate survival actions under RCW 4.20.046 and 4.20.060 let the personal representative recover the decedent's own pre-death economic losses and pain and suffering, with the pain and suffering recovery running to the statutory beneficiaries rather than to the estate at large. The trier of fact sets amounts that are just under all the circumstances.
Is there a cap on wrongful death damages in Washington?
No. Washington has no statutory dollar cap on wrongful death or survival damages. The State Supreme Court struck down the noneconomic damages cap in Sofie v. Fibreboard Corp. as a violation of the constitutional right to a jury trial. Punitive damages, however, are generally not available because no statute authorizes them in wrongful death or survival cases.
Updates
Corrected how survival action proceeds are distributed in Washington, since pain and suffering damages under RCW 4.20.060 and the noneconomic damages under RCW 4.20.046 go to the statutory family beneficiaries rather than through the estate and its creditors, and added the statutes behind the three-year deadline, the government claim steps, and the imputation of a decedent fault.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the description of Washington's two survival statutes: RCW 4.20.046(2) itself authorizes noneconomic pain-and-suffering damages, so the real distinction between RCW 4.20.046 and RCW 4.20.060 is which death scenario each covers, not economic-only versus pain-and-suffering-only.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Revised Code of Washington
§ 4.20.010Wrongful death—Right of action.In forcecited in 5 of our articles
(1) 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 listed in RCW 4.20.020 as a result of the decedent's death, in such amounts as determined by a trier of fact to be just under all the circumstances of the case. (2) This section applies regardless of whether or not the death was caused under such circumstances as amount, in law, to a felony.
Official text (excerpt) · last checked 2026-09-06 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 122 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Herskovits v. Group Health Cooperative (Washington Supreme Court 1983, 99 Wash. 2d 609)“…f survival can be brought under the wrongful death statute, RCW 4.20.010. Confronted with these problems, and…”
- Philippides v. Bernard (Washington Supreme Court 2004, 151 Wash. 2d 376)“…entative of his estate, filed a wrongful death action under RCW 4.20.010. Philippides’ parents brought an action…”
- Gray v. Goodson (Washington Supreme Court 1963, 61 Wash. 2d 319)“…in a judgment during her lifetime, abate upon her death? RCW 4.20.010 provides in part: “When the death of…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Washington Car Accident Laws: Fault, Insurance, and Your Claim, Medical Malpractice Laws in Washington (2026): Deadlines & Caps, Punitive Damages in Washington State: Statute-Only Rule (2026)
§ 4.20.020Wrongful death—Beneficiaries of action.In forcecited in 2 of our articles
Every action under RCW 4.20.010 shall be for the benefit of the spouse, state registered domestic partner, child or children, including stepchildren, of the person whose death shall have been so caused. If there is no spouse, state registered domestic partner, or such child or children, such action may be maintained for the benefit of the parents or siblings of the deceased. In every such action the trier of fact may give such damages as, under all circumstances of the case, may to them seem just.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 111 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Ueland v. Pengo Hydra-Pull Corp. (Washington Supreme Court 1984, 103 Wash. 2d 131)“…her where loss of consortium is an element of the recovery. RCW 4.20.020. 3 The state of the law in this area…”
- Philippides v. Bernard (Washington Supreme Court 2004, 151 Wash. 2d 376)“…0, and also under the wrongful death and survival statutes, RCW 4.20.020 and RCW 4.20.060. Defendants moved to d…”
- Gray v. Goodson (Washington Supreme Court 1963, 61 Wash. 2d 319)“…e Woods who qualified as.a beneficiary of the actions under RCW 4.20.020. It is argued that the benefit of the w…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 4.20.046Survival of actions.In forcecited in 2 of our articles
(1) All causes of action by a person or persons against another person or persons shall survive to the personal representatives of the former and against the personal representatives of the latter, whether such actions arise on contract or otherwise, and whether or not such actions would have survived at the common law or prior to the date of enactment of this section. (2) In addition to recovering economic losses on behalf of the decedent's estate, the personal representative is only entitled to recover noneconomic damages for pain and suffering, anxiety, emotional distress, or humiliation personal to and suffered by the deceased on behalf of those beneficiaries enumerated in RCW 4.20.020 in such amounts as determined by a trier of fact to be just under all the circumstances of the case. Damages under this section are recoverable regardless of whether or not the death was occasioned by the injury that is the basis for the action.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 96 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Herskovits v. Group Health Cooperative (Washington Supreme Court 1983, 99 Wash. 2d 609)“…le as a separate item of damages in a survival action under RCW 4.20.046. Yet, in the present case the majority…”
- White v. Johns-Manville Corp. (Washington Supreme Court 1985, 103 Wash. 2d 344)“…4.20.010 (wrongful death statute); (2) A claim under RCW 4.20.046 (survival statute); *346…”
- Hinzman v. Palmanteer (Washington Supreme Court 1972, 81 Wash. 2d 327)“…Lauretta Hinzman. Recovery by the estate is sought under RCW 4.20.046. Under this statute, all causes of acti…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 4.20.060Action for personal injury survives.In force
(1) No action for a personal injury to any person occasioning death shall abate, nor shall such right of action terminate, by reason of such death, if such person has a surviving spouse, state registered domestic partner, or child living, including stepchildren, or if leaving no surviving spouse, state registered domestic partner, or children, the person has surviving parents or siblings. (2) An action under this section shall be brought by the personal representative of the deceased, in favor of the surviving spouse or state registered domestic partner, or in favor of the surviving spouse or state registered domestic partner and children, or if no surviving spouse or state registered domestic partner, in favor of the child or children, or if no surviving spouse, state registered domestic partner, or a child or children, then in favor of the decedent's parents or siblings.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 47 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Philippides v. Bernard (Washington Supreme Court 2004, 151 Wash. 2d 376)“…the wrongful death and survival statutes, RCW 4.20.020 and RCW 4.20.060. Defendants moved to dismiss the claims…”
- Tait v. Wahl (Court of Appeals of Washington 1999, 97 Wash. App. 765)“…l Survival Statute Washington's special survival statute, RCW 4.20.060, which is also known as the death by pe…”
- Walton v. Absher Construction Co. (Washington Supreme Court 1984, 101 Wash. 2d 238)“…ble elements of damages under the special survival statute, RCW 4.20.060. Charles H. Walton died from inj…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 4.22.005Effect of contributory fault.In forcecited in 7 of our articles
In an action based on fault seeking to recover damages for injury or death to person or harm to property, any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimant's contributory fault, but does not bar recovery. This rule applies whether or not under prior law the claimant's contributory fault constituted a defense or was disregarded under applicable legal doctrines, such as last clear chance.
Official text (excerpt) · last checked 2026-09-15 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 95 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Sofie v. Fibreboard Corp. (Washington Supreme Court 1989, 112 Wash. 2d 636)“…ce Dolliver's discussion, on pages 684-85, of the effect of RCW 4.22.005 on Seay v. Chrysler Corp., 93 Wn.2d…”
- Keller v. City of Spokane (Washington Supreme Court 2002, 146 Wash. 2d 237)“…ative fault in 1981. Laws of 1981, ch. 27, § 8 (codified at RCW 4.22.005). RCW 4.22.005 states in part: In an…”
- Davis v. Globe MacHine Manufacturing Co. (Washington Supreme Court 1984, 102 Wash. 2d 68)“…ion of comparative negligence or comparative fault", citing RCW 4.22.005. We reject petitioner's argument for se…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Washington Dog Bite Laws: Liability and Victim Rights, Washington Motorcycle Accident Laws (2026): Deadlines & Helmets, Washington Slip and Fall Laws: Proving Premises Liability Under Pure Comparative Fault
§ 4.16.080Actions limited to three years.In forcecited in 11 of our articles
The following actions shall be commenced within three years: (1) An action for waste or trespass upon real property; (2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated; (3) Except as provided in RCW 4.16.040(2), an action upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument; (4) An action for relief upon the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud; (5) An action against a sheriff, coroner, or constable upon a liability incurred by the doing of an act in his or her official capacity and by virtue of his or her office, or by the omission of an official duty, including the nonpayment of money collected upon an execution; but this subsection shall not apply to action for an escape; (6) An action against an officer charged with misappropriation or a failure to properly account for public funds intrusted to his or her custody; an action…
Official text (excerpt) · last checked 2026-09-14 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 937 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Robinson v. City of Seattle (Washington Supreme Court 1992, 119 Wash. 2d 34)“…ly for the trial court's grant of HPO payment refunds under RCW 4.16.080(3), but also to what extent such consid…”
- Ruth v. Dight (Washington Supreme Court 1969, 75 Wash. 2d 660)“…tatute of limitations (RCW 4.16.010 *664 and RCW 4.16.080(2)); but defendant estate’s motion rest…”
- Tingey v. Haisch (Washington Supreme Court 2007, 159 Wash. 2d 652)“…applicable statute of limitation for Tingey’s action is the RCW 4.16.080(3) three-year limitation for oral contr…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Washington At-Will Employment Laws: Exceptions and Your Rights, Washington Debt Collection Laws: Four Garnishment Tiers and a $600 Weekly Floor, Washington Jury Duty Laws: Pay, Excuses and Employer Rules
§ 4.22.020Imputation of contributory fault—Spouse, domestic partner, or minor child of spouse or domestic partner—Wrongful death actions.In force
The contributory fault of one spouse or one domestic partner shall not be imputed to the other spouse or other domestic partner or the minor child of the spouse or domestic partner to diminish recovery in an action by the other spouse or other domestic partner or the minor child of the spouse or other domestic partner, or his or her legal representative, to recover damages caused by fault resulting in death or in injury to the person or property, whether separate or community, of the spouse or domestic partner. In an action brought for wrongful death or loss of consortium, the contributory fault of the decedent or injured person shall be imputed to the claimant in that action.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 14 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Christie v. Maxwell (Court of Appeals of Washington 1985, 40 Wash. App. 40)“…uing even though the action could be defined as derivative, RCW 4.22.020 1 bars imputing the neglig…”
- Ginochio v. HESSTON CORPORATION (Court of Appeals of Washington 1987, 46 Wash. App. 843)“…tort and product liability reform act of 1981, codified at RCW 4.22.020, was the following amendment: Th…”
- Vasey v. Snohomish County (Court of Appeals of Washington 1986, 44 Wash. App. 83)“…the value of the Vasey vehicle. The County also argues that RCW 4.22.020, which deals with imputation of contrib…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 4.92.100Tortious conduct of state or its agents—Claims—Presentment and filing—Contents.In forcecited in 2 of our articles
(1) All claims against the state, or against the state's officers, employees, or volunteers, acting in such capacity, for damages arising out of tortious conduct, must be presented to the office of risk management. A claim is deemed presented when the claim form is delivered in person or by regular mail, registered mail, or certified mail, with return receipt requested, or as an attachment to email or by fax, to the office of risk management. For claims for damages presented after July 26, 2009, all claims for damages must be presented on the standard tort claim form that is maintained by the office of risk management. The standard tort claim form must be posted on the department of enterprise services' website.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 81 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Hunter v. North Mason School Dist. (Washington Supreme Court 1975, 85 Wash. 2d 810)“…ntiff's age and disabilities excused her noncompliance with RCW 4.92.100, which requires notice of claims agains…”
- Shafer v. State (Washington Supreme Court 1974, 83 Wash. 2d 618)“…or within 120 days from the' date of her injury pursuant to RCW 4.92.100. The relevant facts as alleged are th…”
- Cook v. State (Washington Supreme Court 1974, 83 Wash. 2d 599)“…dismissed the suit upon the basis that the requirements of RCW 4.92.100, our "nonclaim" statute, had not been m…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 4.92.110Tortious conduct of state or its agents—Presentment and filing of claim prerequisite to suit.In force
No action subject to the claim filing requirements of RCW 4.92.100 shall be commenced against the state, or against any state officer, employee, or volunteer, acting in such capacity, for damages arising out of tortious conduct until sixty calendar days have elapsed after the claim is presented to the office of risk management in the department of enterprise services. The applicable period of limitations within which an action must be commenced shall be tolled during the sixty calendar day period. For the purposes of the applicable period of limitations, an action commenced within five court days after the sixty calendar day period has elapsed is deemed to have been presented on the first day after the sixty calendar day period elapsed.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 76 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Blair v. Washington State University (Washington Supreme Court 1987, 108 Wash. 2d 558)“…g requiring them to file a claim under the tort claims act, RCW 4.92.110, as a condition precedent to bringing t…”
- Miotke v. City of Spokane (Washington Supreme Court 1984, 101 Wash. 2d 307)“…wage into the Spokane River, or by the tort claims statute (RCW 4.92.110); and finally, we adopt the "private at…”
- Peterick v. State (Court of Appeals of Washington 1978, 22 Wash. App. 163)“…the plaintiff to file a claim pursuant to RCW 4.92.100 and RCW 4.92.110. RCW 4.92.110, claimed by the pl…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 4.96.020Tortious conduct of local governmental entities and their agents—Claims—Presentment and filing—Contents.In forcecited in 3 of our articles
(1) The provisions of this section apply to claims for damages against all local governmental entities and their officers, employees, or volunteers, acting in such capacity. (2) The governing body of each local governmental entity shall appoint an agent to receive any claim for damages made under this chapter. The identity of the agent and the address where he or she may be reached during the normal business hours of the local governmental entity are public records and shall be recorded with the auditor of the county in which the entity is located. All claims for damages against a local governmental entity, or against any local governmental entity's officers, employees, or volunteers, acting in such capacity, shall be presented to the agent within the applicable period of limitations within which an action must be commenced. A claim is deemed presented when the claim form is delivered in person or is received by the agent by regular mail, registered mail, or certified mail, with return receipt requested, to the agent or other person designated to accept delivery at the agent's office.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
Cited in 182 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Hunter v. North Mason School Dist. (Washington Supreme Court 1975, 85 Wash. 2d 810)“…formal notice of his claim within 120 days, as required by RCW 4.96.020. [1] The dismissal was reversed by the…”
- Medina v. Public Utility District No. 1 (Washington Supreme Court 2002, 147 Wash. 2d 303)“…stice Chambers, but only to the extent that he asserts that RCW 4.96.020 is unconstitutional as applied to the f…”
- Jenkins v. State (Washington Supreme Court 1975, 85 Wash. 2d 883)“…cluding tort' actions, by its own terms and by the terms of RCW 4.96.020, which provides in part:' (1) Ch…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Sources and References
- RCW 4.20.010, wrongful death right of action by the personal representative(app.leg.wa.gov).gov
- RCW 4.20.020, wrongful death beneficiaries of the action(app.leg.wa.gov).gov
- RCW 4.20.046, general survival of actions(app.leg.wa.gov).gov
- RCW 4.20.060, special survival action for personal injury(app.leg.wa.gov).gov
- RCW 4.22.005, effect of contributory fault (pure comparative fault)(app.leg.wa.gov).gov
- RCW 4.16.080(2), actions limited to three years, other injury to the person or rights of another(app.leg.wa.gov)
- RCW 4.22.020, contributory fault of the decedent imputed to the claimant in a wrongful death action(app.leg.wa.gov)
- RCW 4.92.100, tort claims against the state, presentment and filing(app.leg.wa.gov)
- RCW 4.92.110, sixty calendar day waiting period before suit against the state(app.leg.wa.gov)
- RCW 4.96.020, tort claims against local governmental entities, presentment and sixty day waiting period(app.leg.wa.gov)
- House Bill Report, SSB 5163 (2019), distribution of general versus special survival action proceeds(lawfilesext.leg.wa.gov)
- RCW 4.20.010, wrongful death right of action by the personal representative(app.leg.wa.gov)
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