Understanding Wrongful Death Washington State
No matter the circumstances, losing a loved one is a painful and emotional experience. The loss can be especially difficult when another person’s negligence or wrongful conduct may have contributed to the death. In these situations, eligible family members may be able to pursue a wrongful death claim.
During a time of grief, you may feel overwhelmed while also wanting answers and accountability. You may have questions about what evidence is needed, who can file a claim, what compensation may be available, and whether anything can be done to prevent a similar tragedy from happening to another family.
If you believe your loved one’s death may have been caused by another person’s negligence or wrongful conduct, speaking with an experienced wrongful death attorney can help you understand your legal options. If your loved one lived in Washington State, consider speaking with an experienced wrongful death attorney who can explain whether Washington law applies to your claim.
Understanding Wrongful Death Washington State
A wrongful death lawsuit is a civil action brought when a person’s death is caused by the wrongful act, neglect, or default of another person or entity. In Washington State, the law allows a personal representative of the deceased person’s estate to bring a claim for the economic and noneconomic damages suffered by certain surviving family members. The purpose of a wrongful death claim is to compensate eligible beneficiaries for losses caused by the death.
Who Can File a Wrongful Death Claim in Washington?
Washington law generally requires the personal representative of the deceased person’s estate to bring the wrongful death action. The claim is brought for the benefit of the surviving spouse, state registered domestic partner, children, or stepchildren. If there is no surviving spouse, domestic partner, or child, the claim may be brought for the benefit of the deceased person’s parents or siblings.
The personal representative is responsible for managing the estate and may be appointed by the court. The personal representative does not have to be a beneficiary of the estate, and the law does not require that the representative be someone who is not a beneficiary. The personal representative may work with an attorney to pursue the wrongful death claim and handle the legal and financial responsibilities involved.
What Damages May Be Available?
Washington wrongful death claims may seek compensation for economic and noneconomic losses suffered by eligible beneficiaries. Depending on the circumstances, damages may include medical and funeral expenses, lost financial support, loss of services, and the loss of companionship, care, and other benefits of the relationship. The amount of compensation depends on the facts of the case and the losses that can be proven.
Washington also recognizes survival actions, which are different from wrongful death claims. A survival action allows certain claims that belonged to the deceased person to continue after death. Depending on the circumstances, these claims may include economic losses suffered by the estate and certain noneconomic damages for the deceased person’s pain and suffering, anxiety, emotional distress, or humiliation.
Why Does the Law Allow Wrongful Death Claims?
Wrongful death laws provide a legal way for eligible family members to seek compensation when another person’s wrongful conduct causes a death. They also recognize that the loss of a loved one can create financial and personal losses that may continue long after the death. A wrongful death claim may be possible even when the conduct does not result in criminal charges or a criminal conviction. This is because wrongful death claims are civil cases and generally require proof by a “preponderance of the evidence,” rather than the “beyond a reasonable doubt” standard used in criminal cases.
Statute of Limitations on Wrongful Death Action
The statute of limitations for a wrongful death action in Washington State is three years and is not delayed if the beneficiaries are minors because the suit is brought by the personal representative not the minor.
Washington State Wrongful Death Statute
1. RCW 4.20.010 This general wrongful death statute creates a cause of action, brought by the personal representative, to compensate a decedent’s surviving family members for “pecuniary,” (monetary) losses they sustained as a result of the wrongful act, neglect, or default of another.
2. RCW 4.20.020 This statute assigns two tiers of beneficiaries to the statutory wrongful death action. The first-tier includes the spouse and children of the decedent and the second includes the parents and siblings of the deceased. The second tier may only recover damages if there are no first tier beneficiaries and if the designated beneficiaries were dependent for support on the deceased.
3. RCW 4.20.060 This special Survival Statute allows for the deceased’s action for personal injury to survive. The decedent’s own action for personal injuries causing death may be brought by the personal representative of the decedent’s estate on behalf of the beneficiaries listed above. If there are no statutory beneficiaries as defined in RCW 4.20.020, no claim can be brought under the Special Survival Statute.
4. RCW 4.20.046 This “General Survival Statute” allows the personal representative of the decedent’s estate to recover economic accumulations minus the personal expenses the estate would reasonably have acquired over their expected life term. This statute says that noneconomic damages such as for the decedent’s pain and suffering may not be recovered.
5. RCW 4.24.010 This is the action allowing for recovery of pain, suffering and expenses for the wrongful injury or death of a child.
Seek Help From a Washington Wrongful Death Attorney
If you lost a loved one due to a preventable medical error or the reckless or negligent behavior of another, you have enough to deal with. Let an experienced wrongful death attorney fight for justice on your behalf. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a wrongful death lawyer. Call the most experienced practicing wrongful death attorneys Bellingham has at Tario & Associates, P.S. today for a FREE consultation! We have been representing grieving family members in Whatcom County, Skagit County, Island County and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
