Partner
A wrongful death case in Washington State is a legal claim brought when someone dies because of another party’s negligent or wrongful act. The claim allows certain surviving family members to seek financial damages for losses caused by that death. Under Washington law, only specific people can file, and the damages available are different from other cases.
Who Can File a Wrongful Death Claim in Washington?
Washington law limits who has standing to bring a wrongful death case. The claim is typically filed by the personal representative of the deceased person’s estate, but it is brought for the benefit of qualifying family members. This means the lawsuit may be filed in the estate’s name, even though the compensation is intended for surviving family members.
Usually, a surviving spouse, parent or other family member is appointed to be the personal representative. However, someone totally independent, like another attorney, can be appointed as well.
The surviving family members whose claims are brought by the personal representative are grouped into two “tiers” of “statutory beneficiaries.”
Tier 1 includes the surviving spouse/registered domestic partner and children, including stepchildren.
Tier 2 applies only if there is no surviving person in Tier 1 and includes all surviving parents and siblings.
What Counts as a Wrongful Death?
A death may be considered “wrongful” if it was caused by negligence, recklessness, or intentional misconduct. The key issue is whether the person who died could have filed a personal injury claim had they survived.
Common situations include:
- Fatal car, truck, or motorcycle crashes
- Pedestrian or bicycle collisions
- Unsafe premises or property conditions
- Defective products
- Medical errors
- Workplace incidents involving third-party negligence
Criminal charges are not required. A wrongful death case is a civil claim, focused on accountability and financial harm rather than punishment.
What Damages Are Available in a Washington Wrongful Death Case?
Damages are intended to reflect the real losses caused by the death. Washington allows recovery for both economic and non-economic losses suffered by the deceased person and surviving family members.
These may include:
- Loss of the deceased person’s income, benefits, and financial support
- Loss of services the person provided to the family
- Medical expenses related to the injury
- Funeral and burial costs
- Loss of love, companionship, care, and guidance
Every case is different. The amount recoverable depends on the relationship to the deceased, the person’s age and earning history, and the circumstances of the death.
How the Filing Process Works
Wrongful death claims begin with the appointment of a personal representative for the estate. From there, the legal process typically involves:
- Investigating how the death occurred
- Identifying all potentially responsible parties
- Documenting financial and personal losses
- Filing the claim within the statutory deadline
- Negotiating with insurers or pursuing litigation when necessary
We focus on handling these steps so you can concentrate on your family, not procedural details.
Why These Cases Feel Different
Wrongful death claims are not just personal injury cases with higher stakes. They involve multiple family members, estate issues, and long-term financial effects. Decisions made early can affect who recovers damages and how the case proceeds. That is why timing, eligibility, and clear documentation matter from the start.
Taking the Next Step After a Loss
If someone you love died because of another party’s actions, you may have the right to pursue a wrongful death claim. We work with families to evaluate eligibility, ensure deadlines are met, and seek accountability.Reach out to Stritmatter Law to discuss your situation and learn how we can help you move forward.