Washington law designates certain individuals who may bring a wrongful death action for a loved one. Beneficiaries are a spouse or domestic partner, and children (including stepchildren) of the person who passed away. If none of the above listed beneficiaries are then surviving, an action may be maintained by the parents and siblings who were dependent on the deceased person who were residents of the United States when the person passed away.

Parents can bring a wrongful death claim for the loss of a minor child and are entitled to damages for the loss of the love and affection of the child and for the destruction of the parent child relationship. Unfortunately Washington limits this parental claim to children under 18 years. If the child is 18 year old or older at the time of the wrongful death, parents do not have a claim.  There is one exception to this, where the parents were “substantially financially dependent” on the child for support. Otherwise, Washington State, which is generally favorable to most Plaintiff’s claims, does not allow for a parent to bring a claim for a child over 18.

In Washington State, there are two ways that a court can award damages for wrongful death. One type of damages are lost wages for the remainder of a person’s life. To do this, a court must consider how much money a person would make during their life and decide what amount would be available in a person’s estate when the person passed. A second type of damages is loss of support, comfort and society. This second method is based upon the deceased person’s relationship with the beneficiaries.

Unlike some states, such as Idaho, Washington law does not put a limit on the amount of damages recoverable in a wrongful death action. Thus, whether damages are calculated using lost income (economic) or loss of support and companionship (non-economic), the court or a jury is not limited in the amount of damages it may award.

Punitive damages are awarded when a wrongdoer’s conduct is malicious, outrageous, or even intentional. While most States, such as Idaho, allow for punitive damages, Washington State is one of the few that does not.

The statute of limitations for a wrongful death action in Washington state is three years.

As the decedent is no longer alive to bring an action for the wrong committed to him or her, it is his or her estate that maintains a wrongful death action. In order to bring an action through the estate, a probate needs to be started and a personal representative is appointed. The personal representative will maintain the action for the benefit of the estate and heirs.

A lawyer serves many functions in a wrongful death claim. A lawyer can get the probate filed and have a personal representative appointed. Your lawyer will then make sure any claim is filed within the appropriate time limits, evaluate the claim as to possible damages and limits of liability, and work to resolve a favorable outcome in the case. If you have questions prior to hiring a lawyer, many lawyers, including us, will offer a free consultation.