Wrongful death claims in Seattle and Washington
The Ledger Law Firm helps families after a death caused by someone else’s act or neglect. The firm has attorneys licensed in Washington: Emery Brett Ledger and Bruce Cyra. The firm meets with families in Seattle by appointment, at 1420 5th Avenue, Suite 2200, Seattle, WA 98101.
Call (800) 300-0001 for a free case evaluation, or send the form and the firm will call you.
What counts as a wrongful death in Washington?
A death caused by another person’s wrongful act, neglect or default. The personal representative of the person who died may bring the claim, and the claim applies even if the death amounted to a felony.
The statute says that when the death of a person is caused by the wrongful act, neglect, or default of another person, the personal representative may maintain an action against the person causing the death for the economic and noneconomic damages sustained by the beneficiaries listed in RCW 4.20.020, in the amounts a trier of fact finds just under all the circumstances of the case (RCW 4.20.010(1)). The section applies whether or not the death was caused under circumstances that amount, in law, to a felony (RCW 4.20.010(2)). A criminal case is separate from the civil claim, and a lawyer can explain how the two relate in your family’s case.
Who can bring a wrongful death claim in Washington?
The statute gives the right of action to the personal representative of the person who died, for the benefit of the family members it lists.
RCW 4.20.010(1) names the personal representative as the person who may maintain the action, and the damages are those sustained by the beneficiaries the statute lists. How a personal representative is named is a question for a lawyer, and the firm can explain it on a free call.
Who benefits from the claim?
The spouse or state registered domestic partner and the children, including stepchildren. If there is no spouse, partner or child, the parents or siblings.
RCW 4.20.020 says every action under RCW 4.20.010 is for the benefit of the spouse, state registered domestic partner, child or children, including stepchildren, of the person whose death was caused. If there is no spouse, state registered domestic partner, or such child or children, the action may be maintained for the benefit of the parents or siblings of the deceased. The trier of fact may give such damages as, under all circumstances of the case, seem just.
What is the difference between a wrongful death claim and a survival claim?
A wrongful death claim is for the beneficiaries’ losses from the death. A survival claim carries the person’s own claims, which continue after death through the personal representative.
Under RCW 4.20.046(1), causes of action survive to the personal representatives. The personal representative recovers economic losses on behalf of the estate and is only entitled to recover noneconomic damages for pain and suffering, anxiety, emotional distress, or humiliation personal to and suffered by the deceased, on behalf of the beneficiaries listed in RCW 4.20.020 (RCW 4.20.046(2)). The section has more subsections, and a lawyer reads all of them for your case.
What if the person who died was partly at fault?
If the person who died was partly at fault, the damages are reduced by that share. Washington law says contributory fault does not bar recovery.
In an action based on fault seeking to recover damages for injury or death to a person, any contributory fault chargeable to the claimant diminishes proportionately the amount awarded but does not bar recovery (RCW 4.22.005). Texas works differently: a claimant whose percentage of responsibility is greater than 50 percent may not recover damages there (Texas Civil Practice and Remedies Code section 33.001).
When more than one party is at fault, the trier of fact determines the percentage of the total fault attributable to every entity that caused the damages, and the liability of each defendant is several only and not joint, with exceptions the statute lists: parties acting in concert, a person acting as an agent or servant of a party, and the case where the claimant was not at fault (RCW 4.22.070(1)). A lawyer reads the facts of your case before saying how these rules apply.
How long do you have to file?
Generally three years from the date of death, with exceptions such as the discovery rule. Ask a lawyer about your own dates.
RCW 4.16.080(2) sets three years for an action for any other injury to the person or rights of another not listed elsewhere in the section. The Washington Supreme Court has held that the limit for a wrongful death action is three years and that the action accrues at the time of death (Atchison v. Great Western Malting Co., 161 Wn.2d 372 (2007)). The discovery rule can change the date in some cases. A claim against a city, county or the state has special rules, so ask early. Which date applies to a family is a question for a lawyer.
What do wrongful death lawyers charge?
The firm works on a contingency fee: the fee is a percentage of what is recovered. If there is no recovery, you owe no attorney fee, but you may still be responsible for court costs and case expenses.
The case evaluation is free.
What should a family do first?
Keep the records, do not sign anything from an insurer before a lawyer has read it, and call.
- Keep the crash or incident report number, the photographs, the bills and the funeral costs.
- Do not give an insurer a recorded statement or sign a release or any other paper before a lawyer has read it.
- Write down the names of the people who saw what happened.
- Call (800) 300-0001 for a free case evaluation.
Wrongful death across Seattle, Tacoma, Bellevue and Kirkland
The law is the state’s. The firm has attorneys licensed in Washington: Emery Brett Ledger and Bruce Cyra.
Wrongful death law in Washington is state law, and the sections above apply wherever in Washington the death occurred. The firm meets with families in Seattle, Kirkland and Tacoma by appointment, and families in Bellevue and the rest of Washington can call (800) 300-0001.
This is general information and not legal advice. Every deadline has exceptions. Ask a lawyer about the dates and rules in your own case.
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Emery Brett Ledger is the attorney responsible for this page. The firm’s California headquarters is in Newport Beach; its Texas office is in Dallas.