Understanding Wrongful Death Claims in Washington State: A Compassionate Guide for Families
Losing a loved one is one of life’s most devastating experiences. When that loss is due to someone else’s negligence, recklessness, or intentional actions, it can feel even more unjust. In Washington State, families have the right to seek justice through a wrongful death claim. This legal process can’t bring back your family member, but it can provide financial support and hold responsible parties accountable. At Kobes Legal PLLC, we understand the emotional toll this takes, and we’re here to guide you through it with compassion and expertise.
In this post, we’ll break down what wrongful death means under Washington law, who can file a claim, common causes, the types of compensation available, and key steps to take. Whether you’re in Seattle, Tacoma, North Bend, or elsewhere in the state, knowing your rights is the first step toward healing and recovery.
What Is Wrongful Death in Washington State?
Under Washington law, a wrongful death occurs when a person’s death is caused by the wrongful act, neglect, or default of another person or entity. This broad definition covers situations where negligence or misconduct leads to a fatal outcome. It’s important to note that wrongful death claims are civil actions, separate from any criminal proceedings, though they can stem from the same incident.
For example, if a driver causes a fatal car crash due to texting while driving, the victim’s family might pursue a wrongful death claim against the driver, even if criminal charges are also filed. The goal is to compensate the family for their losses, not to punish the wrongdoer (that’s the role of criminal law).
Washington’s wrongful death statute was updated in 2019 to expand who can benefit from these claims, allowing more family members to seek justice without proving financial dependency in all cases.
Who Can File a Wrongful Death Claim?
Not everyone can file a wrongful death lawsuit in Washington. The claim must be brought by the personal representative of the deceased’s estate—often a spouse, child, or appointed executor. This representative files on behalf of the beneficiaries, who are typically:
- First-tier beneficiaries: Surviving spouse or domestic partner, and children (including stepchildren).
- Second-tier beneficiaries: Parents or siblings, who can now claim damages even if not financially dependent on the deceased, thanks to the 2019 amendment.
If there are no first-tier beneficiaries, second-tier ones can step in. It’s crucial to consult an attorney early to determine eligibility and appoint the right representative.
Common Causes of Wrongful Death in Washington
Wrongful deaths can happen in many ways, but some scenarios are more frequent in our state. According to legal experts and data, the top causes include:
- Motor Vehicle Accidents: Car crashes, truck collisions, motorcycle incidents, and pedestrian accidents are leading causes. In Washington, traffic fatalities have been on the rise, with risky behaviors like distracted driving and impairment contributing significantly.
- Medical Malpractice: Errors such as misdiagnosis, surgical mistakes, or medication errors can lead to fatal outcomes. Washington sees hundreds of medical malpractice claims annually, with death being a common result in severe cases.
- Workplace Accidents: Construction sites, industrial mishaps, and other job-related dangers often result in fatalities, especially in industries like logging or manufacturing prevalent in the Pacific Northwest.
- Defective Products: Faulty consumer goods, vehicles, or medical devices can cause deadly injuries.
- Premises Liability: Slip-and-falls, drownings, or inadequate security leading to assaults on someone else’s property.
- Other Incidents: Nursing home neglect, criminal acts, or even environmental hazards like the 2021 heat wave, which caused excess injury deaths.
In 2022, Washington recorded over 69,000 resident deaths, with accidents (unintentional injuries) ranking among the top causes overall. Many of these could qualify as wrongful if negligence is involved.
Statute of Limitations: Don’t Wait Too Long
Time is critical in wrongful death cases. Washington generally requires claims to be filed within three years from the date of death. For medical malpractice-related deaths, it might be three years from the negligent act or one year from discovery, whichever is later.
Exceptions exist, such as the “discovery rule” if the cause wasn’t immediately apparent. Missing this deadline could bar your claim forever, so act promptly.
Types of Damages Available
Wrongful death claims can seek two main types of damages:
- Economic Damages: Tangible losses like medical bills, funeral expenses, lost wages, and future earnings the deceased would have provided.
- Noneconomic Damages: Intangible harms such as pain and suffering, loss of companionship, emotional distress, and grief for the family.
In some cases, if the deceased survived briefly after the incident, a survival action can recover damages for their pain before death. Settlements vary widely— from tens of thousands to millions—depending on factors like the victim’s age, earning potential, and the severity of negligence.
Steps to Filing a Wrongful Death Claim
- Gather Evidence: Collect police reports, medical records, witness statements, and any photos or videos.
- Appoint a Personal Representative: This is often done through probate court.
- Consult an Attorney: Proving negligence requires expertise. We’ll investigate, negotiate with insurers, and represent you in court if needed.
- File the Lawsuit: Your lawyer will handle the paperwork and deadlines.
- Negotiate or Litigate: Many cases settle out of court, but we’re prepared to fight for maximum compensation.
Building a strong case involves proving four elements: duty of care, breach of that duty, causation, and damages.
Why Choose Kobes Legal PLLC for Your Wrongful Death Case?
Navigating a wrongful death claim while grieving is overwhelming. At Kobes Legal PLLC, our experienced personal injury attorneys, led by Brett Kobes, are committed to providing personalized, responsive representation. We’re licensed in Washington, Arizona, and Florida, with offices in North Bend, Seattle, and our newest location in Tacoma—opened to better serve Pierce County residents.
We handle everything from investigation to settlement, aiming to maximize your recovery so you can focus on healing. Our track record includes significant settlements, like a recent $1.5 million settlement for a car accident victim.
If you’ve lost a loved one due to negligence in Washington, don’t go through this alone. Contact Kobes Legal PLLC today for a free consultation. Call or text (206) 915-7177 or visit our website to schedule. We’re here to provide remedies for injustice and support you every step of the way.
This article was prepared by Kobes Legal PLLC with support from our content team and approved by attorney Brett Kobes.
This article is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney–client relationship. Please consult a licensed attorney about your specific situation.