Wrongful Death Laws in Washington
When a loved one dies because of someone else’s negligent or intentional actions, the impact is life-altering. Washington’s wrongful death laws give surviving family members the ability to seek justice and financial recovery. These laws exist to hold responsible parties accountable and provide families with support as they face the emotional and economic challenges that follow an untimely loss.
Who Can File a Wrongful Death Claim in Washington?
In Washington, the personal representative of the deceased person’s estate must file the wrongful death lawsuit. However, compensation from the claim benefits the following eligible parties:
- The spouse or state-registered domestic partner
- Children or stepchildren
- If none of the above exist, then the parents or siblings of the deceased may qualify, especially if they were financially dependent
The estate representative acts on behalf of these survivors to pursue damages and ensure their rights are protected.
What Qualifies as a Wrongful Death?
A wrongful death in Washington is defined as one caused by the wrongful act, neglect, or failure of another person or entity. This includes:
- Auto or truck accidents
- Medical negligence
- Workplace fatalities
- Premises liability (slip and fall, unsafe buildings)
- Defective products
- Criminal violence or assault
The law allows families to file a wrongful death claim if the deceased could have filed a personal injury lawsuit had they survived the incident.
Types of Compensation Available
Families filing a wrongful death lawsuit in Washington may be eligible to recover the following:
- Funeral and burial expenses
- Final medical costs
- Loss of the deceased’s expected earnings and benefits
- Loss of companionship, love, and guidance
- Emotional pain and suffering of surviving family members
- Loss of services, care, or protection the deceased would have provided
If the conduct of the responsible party was especially egregious, punitive damages may be available in rare cases.
Time Limits for Filing
The statute of limitations for wrongful death claims in Washington is three years from the date of the person’s death. Missing this deadline will likely result in losing the legal right to file a claim. It’s important to act quickly to preserve evidence and protect your family’s interests.
Car Accidents and Wrongful Death in Washington
Car accidents are one of the most common causes of wrongful death in the state. If your loved one was killed in a crash caused by a reckless or negligent driver, your family may have a right to bring a wrongful death lawsuit.
Washington follows a pure comparative negligence rule. This means that compensation can still be recovered even if the deceased was partially at fault—though the total award will be reduced based on their share of responsibility.
Workplace Fatalities and Third-Party Claims
If the person who died was working at the time of the accident, workers’ compensation death benefits may be available. These benefits provide financial assistance for dependents, but they typically bar lawsuits against the employer.
However, if a third party was involved—such as a subcontractor, vendor, or equipment manufacturer—you may be able to file a wrongful death claim against them in addition to seeking workers’ comp benefits.
Frequently Asked Questions About Wrongful Death in Washington
Can more than one family member receive compensation?
Yes. Multiple surviving family members can receive compensation from a single wrongful death claim. The court may divide the award based on the level of dependency and relationship to the deceased.
Is there a difference between wrongful death and survival actions?
Yes. A wrongful death claim compensates the surviving family members for their losses. A survival action, on the other hand, allows the estate to recover damages the deceased would have claimed if they had survived, such as pain and suffering before death.
Do I need a lawyer to file a claim?
While it’s not legally required, working with a lawyer can help ensure your case is properly filed and supported with strong evidence. An attorney can help calculate damages, negotiate with insurance companies, and represent your family in court if necessary.
What if the death involved criminal activity?
You can still file a wrongful death lawsuit even if the responsible party is facing criminal charges. The civil and criminal processes are separate, and you do not need a criminal conviction to win a wrongful death case.
Contact a Washington Wrongful Death Lawyer
If someone else’s actions led to the death of your loved one, your family deserves answers and support. A Washington wrongful death attorney can guide you through the process and help you recover the compensation you need to move forward. Schedule a free consultation today to learn more about your legal options.