Who Can Pursue A Wrongful Death Claim  

Immediate Family Members—The surviving spouse or registered domestic partner of the deceased has the primary right to file a wrongful death claim. Children or Stepchildren: Surviving children, including stepchildren, can also file a claim. 

Parents and Siblings—If the deceased had no surviving spouse, domestic partner, children, or stepchildren, the parents or siblings of the deceased may pursue a wrongful death claim. 

Personal Representative—A personal representative of the deceased’s estate can file a wrongful death claim on behalf of the estate. Any damages recovered may be distributed according to the deceased’s will or state intestacy laws. 

Law Change In 2019 — SB5163 Allowing Parents To Pursue  Wrongful Death Claims  

This legislation expanded the categories of individuals eligible to pursue wrongful death claims and receive compensation. Notably, it removed previous restrictions that required parents and siblings of the deceased to reside in the United States and to have been financially dependent on the deceased to be eligible claimants. Additionally, the law broadened the scope of recoverable damages, allowing for both economic and noneconomic losses. 

Statute of Limitations  

The statute of limitations for a wrongful death claim is three years in the State of Washington. While the general rule is that claims must be filed within three years of the  deceased person’s date of death, certain circumstances can extend or modify this timeframe. Additionally, there may be potential defendants who are required to receive notice of a potential claim within 60 days. Consequently, statute of limitations in  wrongful death claims are very complex and a personal injury attorney should be  consulted to determine all timelines. 

For example, a wrongful death that occurred where the individual was initially injured due to a product defect may have claims that relate to the date of injury and not death. In other cases, the clock for the statute of limitations starts on the date of the  individual’s passing, rather than when the harmful event took place. Furthermore, where the wrongful occurrence is fraudulently concealed or undiscoverable for a period of time, there may be an exception to the three year statute of limitations.  

Always Seek Advice Regarding Statute of Limitations  

It is very risky to navigate statute of limitations restrictions or exceptions without the  advice of a very experienced personal injury lawyer. Plaintiffs should never assume to know the notice requirements, probate issues, or unique statute of limitations that relate to their claims. In any potential wrongful death claim, the loved ones or personal representative of the estate should seek the advice a personal injury lawyer who handles wrongful death cases. 

Wrongful Death vs. Survival Actions  

While wrongful death claims address the losses caused by your loved one’s passing, a survival action focuses on legal claims that arose during their lifetime and continue after their death. For instance, if your loved one suffered severe injuries in an accident and survived for weeks or months, accruing economic and non-economic damages, their personal injury claim may survive their passing, allowing for compensation for those damages.

During this difficult time, you and your family deserve the space to grieve in peace. We are here to support you, protecting you from the stress of dealing with aggressive insurance companies and defendants. Our approach is rooted in compassion and respect, ensuring you are treated with the dignity and care you need and deserve.  

If you have lost a loved one due to someone else’s negligence, reach out to our attorneys for help. We are here 7 days a week to take your call.