Washington Wrongful Death Laws

The death of a loved one always feels wrong, especially when it’s unexpected, but when the death directly results from someone else’s careless, reckless, or intentionally wrongful actions it’s especially traumatic. When a death was preventable if only someone else had taken reasonable care, the family is entitled to compensation through a wrongful death claim against the at-fault party.

If you think your family may be entitled to wrongful death benefits, it’s important to know how Washington’s wrongful death laws apply to your case—and a Kent wrongful death lawyer can help you navigate the legal process and fight for the justice your loved one deserves.

What Is a “Wrongful Death” In Washington? 

Under Washington RCW 4.20.010, the law states the following:

“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.”

In other words, if the deceased loved one (decedent) could have filed a personal injury claim against the at-fault party if they’d survived their injury, then the family members have a right to seek compensation through a Washington wrongful death claim.

A wrongful death claim proceeds in civil court, separately and independently of any criminal charges in the case, and does not depend on a guilty verdict.

Who Can File a Wrongful Death Claim In Washington?

Some states allow the decedent’s closest surviving family member to file a wrongful death claim directly, but in Washington, only the decedent’s personal representative may file a claim. This is either the executor named in the decedent’s will or a family representative named by the court if the decedent did not leave a will or estate plan.

Personal representatives named in wills are often the individual’s closest family member, like a spouse or adult child; however, it could also be a close friend or more distant relative. If the court chooses a family representative, it’s often the spouse or closest family member.

Who Recovers Compensation in a Washington Wrongful Death Case?

Washington does not allow distant family members or anyone who isn’t directly impacted financially by the death to recover compensation in wrongful death claims. Instead, the law prioritizes those who face financial impacts such as funeral expenses and the lost income of a provider. Typically, this is the spouse of the decedent. If the person leaves no surviving spouse, the recipient could be a parent, adult child, sibling, or grandparent.

Washington’s Statute of Limitations on Wrongful Death Claims

Like all states, Washington imposes a time limit, or statute of limitations, on the amount of time family members have to file wrongful death claims after a death. This protects defendants from living under the long-term threat of a lawsuit and ensures that evidence remains available in the case. In Washington, plaintiffs have up to three years after the death to file a claim in most cases, with few exceptions.

Does a Wrongful Death Claim Require Court?

Most wrongful death claims are made directly against an at-fault party’s insurance—such as car insurance after a car accident, premises liability insurance after an apartment fire, or malpractice insurance after a medical malpractice death. Nearly 95% of Washington’s wrongful death claims are resolved through settlements and don’t require court litigation. If the case goes to court, a judge and jury consider arguments on both sides before awarding or denying compensation.

How Can a Washington Wrongful Death Lawyer Help?

No one should have to navigate the complex legal requirements necessary for a successful wrongful death claim while they are still reeling from the death and trying to help their family through their grief and anguish. Instead, contact Caffee Accident and Injury Lawyers for experienced legal representation throughout the process.