Wrongful Death

Compassionate Support During Your Most Difficult Time

Losing a loved one due to someone else's negligence or wrongful act is devastating. While no amount of money can replace your loss, Washington law provides a path to seek justice and financial security for your family. AskLitigation is here to guide you through this difficult process with compassion and expertise.

Wrongful death claims arise from various circumstances including car accidents, motorcycle accidents, slip and fall incidents, and medical malpractice.

What Qualifies as Wrongful Death in Washington?

Under Washington law (RCW 4.20), wrongful death occurs when:

• A person's death is caused by the wrongful act, neglect, or default of another
• The act would have entitled the injured person to maintain an action if death had not occurred
• The death leaves surviving beneficiaries who suffer damages

Common causes include traffic accidents, medical negligence, workplace incidents, defective products, and intentional acts.

Who Can File a Wrongful Death Claim in Washington?

Washington has a specific hierarchy for wrongful death beneficiaries:

Tier 1 (Statutory beneficiaries):

• Surviving spouse or state-registered domestic partner
• Children (including stepchildren if financially dependent)

Tier 2 (If no Tier 1 beneficiaries):

• Parents or siblings who were financially dependent on the deceased

Personal Representative:

• Files the action on behalf of the beneficiaries
• Can be named in the will or appointed by the court

All beneficiaries must be included in a single action.

Washington's Wrongful Death Laws

Important aspects of Washington wrongful death law:

• Statute of Limitations: Three years from the date of death
• Survival Action: Separate claim for damages before death
• No Damage Caps: Washington doesn't limit wrongful death damages
• Comparative Fault: Recovery reduced by deceased's percentage of fault

These laws provide a framework for seeking justice.

Damages Available in Wrongful Death Claims

Washington allows recovery for:

Economic Damages:

• Loss of financial support and services
• Loss of future earnings and benefits
• Medical expenses related to the final injury
• Funeral and burial expenses
• Loss of inheritance

Non-Economic Damages:

• Loss of love and companionship
• Loss of care, guidance, and training
• Mental anguish and emotional suffering
• Loss of consortium for spouses
• Destruction of parent-child relationship

Washington doesn't cap these damages, allowing full compensation.

Proving a Wrongful Death Claim in Washington

To succeed, you must prove:

1. Duty of Care: The defendant owed a duty to the deceased
2. Breach of Duty: The defendant failed to meet that duty
3. Proximate Cause: The breach directly caused the death
4. Damages: Beneficiaries suffered measurable losses

Evidence includes accident reports, witness testimony, expert opinions, and financial documentation.

Steps to Take After a Wrongful Death

If you've lost a loved one in Washington:

1. Address immediate needs - Family support and funeral arrangements
2. Preserve evidence - Keep all items related to the death
3. Obtain documentation - Death certificate, police reports, medical records
4. Identify witnesses - Collect contact information early
5. Track expenses - Document all costs and losses
6. Be cautious with insurance - Don't accept inadequate offers
7. Consult an attorney - Get guidance on your rights and options

Time Limits and Important Deadlines

Washington enforces specific deadlines:

• Three years from date of death for most wrongful death claims
• 60 days notice for claims against state entities
• 180 days filing deadline for local government claims
• Discovery rule may extend deadline if cause wasn't immediately known

Missing deadlines can permanently bar your claim.

Special Considerations in Washington

Washington law has unique provisions:

• Pure Comparative Fault: Recovery possible even if deceased was 99% at fault
• Beneficiary Priority: Clear tiers determine who can recover
• Loss of Consortium: Both economic and non-economic aspects recognized
• Parental Misconduct: May bar recovery in child death cases

Understanding these nuances affects case strategy.

Common Challenges in Wrongful Death Cases

Washington families often face:

• Proving economic losses for non-wage earners
• Establishing non-economic damage values
• Dealing with multiple defendants
• Insurance coverage limitations
• Comparative fault allegations
• Emotional difficulty of litigation

Experienced representation helps navigate these challenges.

Types of Accidents Leading to Wrongful Death

Common scenarios in Washington include:

• Motor vehicle collisions
• Pedestrian and bicycle accidents
• Medical malpractice
• Nursing home neglect
• Workplace accidents (beyond workers' compensation)
• Defective products
• Premises liability incidents

Each type requires specific legal approaches.

Frequently Asked Questions About Washington Wrongful Death Claims

Can unmarried partners file wrongful death claims in Washington?

Yes, if registered as domestic partners with the state. Otherwise, they generally cannot recover wrongful death damages, though they may have other claims.

What if my loved one was partially at fault for the accident?

Washington's pure comparative fault law allows recovery reduced by the deceased's fault percentage. You can recover even if they were mostly at fault.

Can we recover if the responsible party died too?

Yes, you can pursue claims against the deceased party's estate or insurance. The claim doesn't die with the wrongdoer.

Are wrongful death settlements taxable in Washington?

Generally, wrongful death settlements for physical injury or sickness aren't taxable income. However, punitive damages or interest may be taxable. Consult a tax professional.