When a person dies because of someone else's negligence, Washington law allows certain survivors to pursue a wrongful death claim. These claims are governed primarily by RCW 4.20.010 and RCW 4.20.020, with a related survival action under RCW 4.20.046 and RCW 4.20.060.
Who May Bring a Wrongful Death Claim
Under RCW 4.20.020, a wrongful death action is brought by the personal representative of the deceased on behalf of statutory beneficiaries — typically the spouse or domestic partner, children, and in some cases parents or siblings who were dependent on the deceased.
Washington expanded these laws in recent years to remove old restrictions that barred recovery by some out-of-state family members. The current statutes are more inclusive than the historical rules.
What Damages Are Recoverable
Wrongful death damages can include lost financial support, lost services and guidance, loss of love and companionship, and the survivors' grief and emotional suffering. A separate survival action under RCW 4.20.046 can recover damages the deceased suffered before death, including pre-death pain and medical expenses.
Funeral and burial costs are also recoverable. The combination of wrongful death and survival claims is designed to compensate both the family's losses and the harms the deceased endured.
Deadlines and Why They Matter
Wrongful death claims are generally subject to a three-year statute of limitations. When a government entity is involved, the tort-claim filing requirements of RCW 4.92 or 4.96 apply first.
Few experiences are harder than losing a loved one. A free, no-pressure case review can help your family understand its options under Washington law.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Washington attorney.