Washington Wrongful Death Law Guide

Washington wrongful death law: a guide for grieving families

Washington’s wrongful death and survival statutes are built to recognize both the financial and emotional impact of a preventable death. At the same time, the rules are technical and can be confusing, especially when you are already overloaded. This guide aims to explain the framework in calm, concrete terms.

1. What is “wrongful death” in Washington?

Under Washington law, a wrongful death occurs when someone’s wrongful act, neglect, or default causes another person’s death. If the person could have brought a personal injury claim had they survived, their death can give rise to:

• A wrongful death action for the benefit of family members, and
• A survival action that preserves some of the decedent’s own claims through the estate

Common sources of wrongful death claims include:

• Vehicle crashes
• Medical negligence
• Nursing home abuse or neglect
• Dangerous premises conditions
• Defective products
• Certain intentional or criminal acts

2. Who can file the lawsuit in Washington?

Washington separates who files the case from who benefits.

• Only the personal representative of the decedent’s estate files the lawsuit in court. This person is named in a will or appointed by the court.
• The lawsuit is brought for the benefit of statutory beneficiaries, which include:
  • Primary beneficiaries: the surviving spouse, state-registered domestic partner, and children or stepchildren
  • Secondary beneficiaries: parents or siblings, if there are no primary beneficiaries

The personal representative acts in a fiduciary role—bringing and managing the claim for the people the statute says may recover.

3. Wrongful death vs. survival actions

Washington often involves two related types of claims:

1. Wrongful death action (RCW 4.20.010, 4.20.020)

   • Focuses on the family’s losses resulting from the death.
   • For the benefit of the statutory beneficiaries.

2. Survival actions (RCW 4.20.046 and 4.20.060)

   • Preserve claims the decedent would have had if they had lived.
   • Focus on harms suffered by the decedent before death, such as pain and suffering, lost wages between injury and death, and certain property or financial losses.

In practice, these claims are often combined into a single lawsuit.

4. What damages can be recovered?

Depending on the facts and which statutes apply, available damages may include:

Economic losses

• Medical expenses related to the final injury or illness
• Funeral and burial expenses
• Loss of the decedent’s expected earnings and benefits
• Loss of household services, care, and assistance

Noneconomic losses

• Loss of love, companionship, and consortium
• Loss of care, comfort, and emotional support
• The decedent’s own pain, suffering, anxiety, and emotional distress prior to death (through survival statutes)

Washington generally does not allow punitive damages in wrongful death and personal injury cases unless a specific statute—such as certain federal civil rights laws—expressly authorizes them.

5. Are there damage caps in Washington?

Washington does not impose a fixed dollar cap on compensatory damages in wrongful death cases. Instead:

• The focus is on proving actual economic and noneconomic losses.
• The state uses a pure comparative fault system, which can reduce damages if the decedent is found partially at fault.

Because punitive damages are almost always unavailable under Washington law, most awards are limited to compensatory damages.

6. Filing deadlines (statute of limitations)

For most Washington wrongful death actions:

• The general statute of limitations is three years from the date of death.

Survival actions have their own timing rules, and some claims (for example, those involving government entities or particular statutory rights) may have different or shorter deadlines.

Missing the applicable deadline typically means the case cannot move forward, which is why families are often encouraged to speak with counsel early, even if they are not ready to make long-term decisions.

7. Practical next steps for families

If you are dealing with a potential wrongful death claim in Washington, it can help to:

• Obtain the death certificate and any available incident or police reports
• Request key medical records related to the final illness or injury
• Keep notes of important dates, conversations, and financial impacts
• Reach out to a Washington attorney who handles wrongful death and survival actions

Disclaimer

This guide is general information about Washington law and is not legal advice. For guidance on your specific situation, consult a lawyer licensed in Washington.