Wrongful Death

A wrongful death occurs when a person dies due to the wrongful act or neglect of another person or entity. It may result from incidents such as auto collisions, medical malpractice, police misconduct, defective products, and so on. 

Recovery for wrongful death is governed by several statutes in Washington. The people who may have legal claims for wrongful death, referred to as “beneficiaries,” are the spouse, children, stepchildren, parents, and/or siblings of the deceased. 

The personal representative of the deceased’s estate is the only person who can legally file a wrongful death lawsuit.

No. Only the personal representative of the estate brings the lawsuit, but they do so on behalf of the eligible beneficiaries.

Recoverable damages may include:

• Medical and funeral expenses;
• Lost wages and benefits the deceased would have provided had they lived;
• Loss of love, companionship, care, and guidance;
• The deceased’s predeath pain and suffering (in some cases);
• Loss of services to the family or dependents

There may be other recoverable damages, depending on the unique circumstances of the family.

No. Washington does not allow punitive damages in wrongful death actions, only compensatory damages.

Yes. The statute of limitations in Washington is generally three years from the date of death, though it can depend on the specific circumstances of each case. If a lawsuit is not filed within that three-year deadline, you may forever lose your right to seek recovery.

A survival action is brought on behalf of the deceased for claims they could have made if they had survived (e.g., pain and suffering prior to death). It’s often filed alongside a wrongful death claim.

There can be more than one at-fault party in a wrongful death claim. In Washington, corporations and government entities are legally responsible for harm they cause to the same extent as a private party. It may not always be immediately obvious that a corporation or government entity played a role in the death of a loved one. For example, if a roadway was poorly designed, such design may have contributed to a collision. Or a product may have malfunctioned in a way that caused or contributed to a death. Or a drunk driver was overserved at a bar.

If all responsible parties are not included in a wrongful death claim, the rights of the beneficiaries may be compromised and could result in reduced or no recovery for the death of their loved one. There are also certain requirements that come with wrongful death claims against corporations and government entities that if not handled correctly could also affect the ability of the beneficiaries to recover. 

Washington follows a comparative fault system. If the deceased was partly responsible, total damages may be reduced in proportion to their share of fault.

Compensation is typically distributed based on the degree of loss suffered by each beneficiary, as decided by a judge, jury, neutral third party, or agreed to by the parties. Compensation will vary depending on the circumstances of the relationship between the beneficiary and the deceased. 

While not legally required, it’s highly advisable. Wrongful death claims are complex, and an experienced attorney can help ensure that all potential at fault parties and theories of recovery are properly pursued and legal procedures are followed correctly.