Washington Wrongful Death Lawyer

Who has the right to bring a wrongful death case in Washington?

In Washington, the personal representative of the estate files the lawsuit. That person acts on behalf of the family members who are entitled to recover, rather than for themselves alone.

Beneficiaries generally include a surviving spouse or registered domestic partner and children, including stepchildren. If there are none, parents and siblings may be beneficiaries in some situations. Recent changes to Washington law widened which family members can recover, so even relatives who did not depend on the person financially should ask whether they qualify.

What is the difference between a survival claim and a wrongful death claim?

They are two separate claims that often travel together. A wrongful death claim compensates the family for their own losses, while a survival claim belongs to the estate and covers losses the person suffered before death.

• Wrongful death damages can include lost financial support, lost services, and the loss of love, care, companionship and guidance.
• Survival damages can include the person's medical bills, lost earnings before death, and in some cases the pain and suffering they experienced before passing.
• Funeral and burial costs are commonly part of the recovery.

Bringing both claims ensures that all losses are counted. The personal representative typically handles both in one lawsuit.

How does shared fault affect a Washington wrongful death recovery?

Washington's pure comparative fault rule applies. If the person who died was partly at fault, the family's recovery is reduced by that percentage but is not barred.

Here is an example. A cyclist is killed by a driver who turned right across a bike lane in Seattle at dusk. The family's damages are estimated at $1,200,000. The driver's insurer argues the cyclist had no rear light.

• If a jury finds the cyclist 20% at fault, the recovery is $960,000.
• If the jury finds the cyclist 50% at fault, the recovery is $600,000.

Because the claim survives either way, the defense often focuses on lowering the damages figure. Strong evidence about the person's life, work and relationships helps a jury understand the true loss.

How long does a Washington family have to file?

Most Washington wrongful death claims must be filed within 3 years of the death. If the death was caused by a government vehicle, public road condition or a state or local agency, a standard tort claim form must be filed first, and there is a 60-day waiting period before suit.

Deaths caused by medical errors can raise separate timing questions tied to the malpractice deadlines. Our page on Washington medical malpractice explains those rules. Families should also allow time to open the estate and appoint a personal representative, which happens through the superior court.

Some practical steps help protect the claim while the family grieves:

1. Order several certified copies of the death certificate.
2. Keep medical bills, funeral receipts and pay records in one folder.
3. Save photos, messages and videos that show the person's daily life and relationships.
4. Write down the names of witnesses, investigating officers and treating providers.
5. Avoid signing releases or giving statements to an insurer before getting legal advice.

Does a criminal case affect a Washington wrongful death claim?

They are separate. A criminal case is brought by the state to punish a crime, while the wrongful death claim is a civil case brought on behalf of the family to recover compensation.

The civil case uses a lower standard of proof, so a family can succeed even if the criminal case ends without a conviction. A guilty plea or conviction can provide strong evidence. The civil deadline keeps running during the criminal case, so families should not wait for the prosecution to finish.

How can our team help a Washington family?

We investigate how the death happened, identify every responsible party and insurance policy, and coordinate with the estate so the family can focus on each other. That often means working with accident reconstruction experts, medical experts and economists.

Read more on our wrongful death page. If the death happened in a highway crash, our truck accidents page explains how commercial cases are built. For other Washington rules and deadlines, visit our Washington injury law hub. We offer a free case review, and there is no fee unless we win.