Washington: Wrongful Death Bill Has Rightful Death in Legislature

The Washington Legislature adjourned earlier this month with a controversial wrongful death bill going down in defeat on the Senate floor in the 11th hour of the session.

NAMIC, in conjunction with other members of the insurance industry, participated in a broad-based coalition against the bill led by the Liability Reform Coalition, the state attorney general, the Association of Washington Cities, Metro Parks of Tacoma, Washington State Transit Association, Washington State Association of Counties and the Washington Fire Commissioners Association.

"The business community and insurance industry were concerned about the proposed legislation for several reasons," said Christian J. Rataj, NAMIC's Western state affairs manager. "The legislation would have significantly increased the number of claimants who could file lawsuit under the wrongful death statute. It would have also allowed for recovery of noneconomic as well as economic damages, which is inconsistent with the very purpose of wrongful death causes of action – to provide dependents of a decedent a legal right to recover the economic damages caused by the tortuous death of their spouse or parent.”

According to Rataj, a similar bill in Utah was also defeated this year, when state legislators were educated about how these anti-tort reform wrongful death bills increase insurance rates and tort exposure for state and local governments and businesses, and could exhaust economic resources available to and needed by spouses and children of decedents.

Direct questions to NAMIC State Affairs Manager Christian J. Rataj.

Posted: Tuesday, March 25, 2008 12:00:00 AM. Modified: Wednesday, March 26, 2008 10:33:36 AM.

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