Understanding Wrongful death claims in Washington State

What is wrongful Death?

In Washington, a wrongful death occurs when someone dies as a result of the negligent, reckless, or intentional act of another person or entity. Common examples include; car accidents caused by negligent drivers, Medical Malpractice, Workplace accidents, Defective products, and criminal acts. The purpose of a wrongful death claim is to hold the responsible party accountable and provide financial support to the family left behind.

Who can file a Wrongful Death Claim in Washington?

According to RCW 4.20.010, the personal representative (executor) of the deceased person's estate must file the claim. The Deceased's beneficiaries (Spouse or domestic partner), children (including stepchildren), parents, and siblings may recover damages.

How long do I have to file a claim?

In Washington State you have three years from time of death to file a wrongful death claim. This is known as the statute of limitations. Acting quickly can help preserve evidence, secure witness testimony and build a strong case. There are some exceptions to the wrongful death statute of limitations, The Discovery Rule or the Defendant has left the State.

The Discover Rule states that the statute of limitations for a wrongful death does not begin on the date of death but on the date that the family discovers the death resulted from a negligent act. For example, the family may have been told their family member died of a seizure, only to discover later that it was brought on by the wrong dose of medication.

In most cases, the statute of limitations begins when the family discovered the mistake and not when the patient actually died.

In the situation that the Defendant has left the state to wait out the statute of limitations, RCW 4.16.180 makes the exception in certain cases to stop the statute while the liable party is out of state. It will begin to run when they return to the state.

Figuring out the filing deadline is complex, an experienced attorney is important.

What Types of Damages are Available?

A wrongful Death claim can claim compensation for Medical Expenses, Funeral and burial costs, Lost wages and future earnings, Loss of companionship and emotional support, Pain and suffering experienced by the deceased prior to death.

Why Legal Representation?

Losing a loved one is always heartbreaking — but when that loss is caused by someone else’s negligence or reckless actions, the pain can feel even more overwhelming. In Washington State, families have the right to pursue wrongful death claims to hold responsible parties accountable and seek compensation for their devastating loss. Wrongful death claims are complicated, an experienced Lawyer is key.

At Earl and Edwards, we specialize in helping grieving families understand their legal options and fight for the justice their loved one deserves. Call us today for a free consultation.