When a person dies as a result of another party's negligent, reckless, or intentional act, the deceased person's survivors could be entitled to file a wrongful death lawsuit. A case qualifies under Washington's "wrongful death" statutes when "the death of a person is caused by the wrongful act, neglect, or default of another." (RCW 4.20.010) In other words, a wrongful death occurs when one person dies as a result of the legal fault of another person or entity, including by:

* a negligence-based incident (such as an auto collision)

* medical malpractice, or

* an intentional act (including a crime).

It can be helpful to think of a wrongful death claim as a personal injury case in which the injured person can no longer pursue their own case. Although the deceased person cannot bring their own personal injury claim, another party may step in and bring the wrongful death case to court on the deceased person's behalf.

Some states' laws allow the deceased person's surviving family members to file a wrongful death lawsuit. Washington law, however, requires the Personal Representative (formerly called the "executor" or "administrator") of the deceased person's estate to bring most wrongful death claims. If the deceased person has executed a Will, they will most likely have named the Personal Representative there. If there is no Will or the named Personal Representative cannot serve, the court can appoint someone to act. Note that while the Personal Representative must file the wrongful death lawsuit, any damages awarded are for the benefit of the deceased's survivors, not the estate itself.

SPECIAL RULES FOR FILING A WRONGFUL DEATH CLAIM FOR A CHILD. As noted above, the PR must file the wrongful death lawsuit in most cases. However, RCW 4.24.010 allows a parent or legal guardian to file a claim for the death of a child only if the child has no surviving spouse, domestic partner, or children, under the following circumstances.

* If the child was a minor (younger than 18 years of age). A parent or legal guardian may file a wrongful death lawsuit—or join a wrongful death action—if they have regularly contributed to the child's support.

* If the child was an adult (18 years of age or older). A parent or legal guardian may file a wrongful death lawsuit—or join a wrongful death action—if they have had "significant involvement" in the life of the adult child. Under Washington law, "significant involvement" includes giving or receiving emotional, psychological, or financial support, at or reasonably near the time of death, or at or reasonably near the time of the incident causing death.

TIME LIMITS FOR FILING WRONGFUL DEATH CLAIMS. A wrongful death claim in Washington must be filed within three years of the date of the person's death, a time limit set by the "statute of limitations." If the case is not filed within three years, the court will refuse to hear it. (RCW 4.16.080(2))

Note: Other time limits could apply if the death was the result of medical malpractice.

DAMAGES. "Damages" are the plaintiff's claimed losses in a personal injury case. In a successful wrongful death lawsuit, the court will award damages to the deceased person's survivors to compensate for a range of losses. Damages commonly awarded in a Washington wrongful death case include compensation for:

* the deceased person's last medical bills

* funeral and burial expenses

* lost financial support the deceased would have contributed to their family

* the value of lost household services the deceased would have provided, and

* the loss of the deceased's love, care, affection, companionship, and training.

In Washington, damages are for the benefit of the deceased's surviving spouse or domestic partner and children (including stepchildren). If there is no spouse or domestic partner or children, damages are for the benefit of the deceased's parents or siblings.

Under RCW 4.24.010, parents or guardians of a deceased child may recover damages for:

* the child's health care expenses

* loss of the child's services, financial support, and other economic losses

* loss of the child's emotional support, love, and companionship, and

* destruction of the parent-child relationship.

Wrongful death claims can be complicated—and the law can change at any time. If you're thinking of filing a wrongful death lawsuit in Washington, it's a good idea to consult an experienced lawyer. Give us a call at 253.858.5434 and we can explain how the law applies to the circumstances of your case.