Wrongful Death Lawyers in Washington

When a family member is killed by someone else’s negligence, in a crash, at work, by a defective product or by medical error, the law cannot undo it. What it can do is hold the responsible party accountable and make sure the family is not left to carry the financial loss alone. Washington’s wrongful death statutes define who can bring that claim, who it benefits and what it can recover, and the rules changed significantly in 2019 in the family’s favor.

The wrongful death attorneys at Ritchie-Reiersen Injury & Immigration Attorneys represent families across Washington from eleven offices in Washington, Oregon, Idaho and Arizona. We handle the legal process, including opening the estate, so the family can grieve. No fees unless we win.

Who Can Bring a Wrongful Death Claim in Washington

• The claim is filed by the personal representative of the deceased person’s estate. If no estate has been opened, we help the family open one and have a representative appointed, usually a spouse, adult child or parent.
• The claim is brought for the benefit of the surviving spouse or state registered domestic partner and the children, including stepchildren.
• If there is no spouse, partner or child, the claim benefits the deceased person’s parents and siblings. Since 2019, parents and siblings no longer have to prove they were financially dependent on the deceased or that they lived in the United States.
• For the death of a child, the parents have their own claim for the loss of the relationship, and since 2019 that includes adult children.

What a Wrongful Death Claim Can Recover

Washington law recognizes two related claims after a death, and a complete case includes both.

• The wrongful death claim compensates the family for its own losses: the financial support and services the deceased would have provided, funeral and burial expenses, and the loss of love, companionship, guidance and consortium. These noneconomic losses are real damages in Washington and are not capped.
• The survival claims belong to the estate and recover what the deceased person could have claimed had they lived: medical expenses before death, lost earnings, and the pain and suffering, fear and anxiety experienced between the injury and death.

How a recovery is divided among beneficiaries is decided by the court if the family does not agree, and proceeds for minor children are protected until adulthood. Wrongful death proceeds are generally not available to the estate’s creditors.

Deaths We Handle

• Car, truck, motorcycle, bicycle and pedestrian collisions, including hit-and-run and drunk driving deaths, where a bar or restaurant that overserved the driver may share liability
• Workplace deaths, where a claim against a third party such as a contractor, equipment maker or property owner can exist alongside workers’ compensation benefits
• Medical malpractice, including misdiagnosis, surgical error and hospital negligence
• Nursing home neglect and abuse
• Defective products and vehicles
• Unsafe premises, drownings and fires
• Deaths involving government vehicles, roads or facilities, which require a tort claim form and a 60-day waiting period before suit

Deadlines

A wrongful death lawsuit must generally be filed within three years of the death. Claims against a city, county or state agency require a formal tort claim first and a 60-day wait, and claims arising from medical care follow the medical malpractice limitations rules. Because evidence disappears and witnesses move, families should not wait to get advice, even while a criminal case against the responsible person is pending. The criminal case and the civil claim are separate; a civil claim can succeed even when no criminal charge is filed.

How We Handle Your Case

• A conversation with the family about what happened and who is affected, at your home or by phone if that is easier
• Opening the estate and appointing a personal representative where needed
• Investigation: police and incident reports, witness statements, scene evidence, medical records and, when needed, reconstruction or medical experts
• Identification of every responsible party and every insurance policy, including the deceased’s own UM/UIM and life-related coverages that can be affected by the claim
• A full accounting of economic loss with an economist, including lost support over the deceased’s expected working life
• Negotiation, and litigation in superior court when fair value is refused
• Court approval of any settlement involving minor beneficiaries and distribution among the family

Working With Grieving Families

Families come to us at the worst moment of their lives, often facing funeral costs, lost income and insurance adjusters at the same time. We take over communication with the insurers immediately, explain each step in plain language, in English or Spanish, and never settle without the family’s approval. Because the firm serves immigrant communities throughout Washington, our Spanish-speaking attorneys can work directly with family members who live abroad on the documentation a claim requires and on the distribution of proceeds to beneficiaries outside the United States.

Wrongful Death Lawyers Near You

We handle these cases from every office: Kennewick, Tacoma, Auburn, Yakima, Moses Lake, Everett, Spokane, Wenatchee, Portland, OR, Twin Falls, ID, Mesa, AZ. Phone and video consultations are available anywhere in Washington, Oregon, Idaho and Arizona.

Our Personal Injury Attorneys

Attorney Steve Ritchie, admitted in Washington, also handles personal injury claims; before law school he spent seven years in rental car management working with customers and insurance companies during the claims process. Consultations are available in English and Spanish.

Related Reading

• What Constitutes Wrongful Death in a Car Accident?
• What is Wrongful Death?

Frequently Asked Questions

Who receives the money from a wrongful death settlement?

The surviving spouse or domestic partner and children, including stepchildren. If there are none, the parents and siblings. The estate’s survival claim is distributed under the will or intestacy rules. The court resolves any disagreement about shares and protects funds for minors.

How long do we have to file?

Generally three years from the date of death. Claims against government entities require a tort claim form and a 60-day wait first, and medical malpractice deaths follow the malpractice limitations rules. Contact an attorney well before the deadline.

Can we bring a claim if the person responsible was not charged with a crime?

Yes. The civil case has a lower standard of proof than a criminal case and is independent of it. A civil claim can succeed where prosecutors declined to charge or a jury acquitted.

Do we have to open an estate?

Yes. Washington requires the claim to be brought by a court-appointed personal representative. We prepare the paperwork and guide the family through the appointment, which is usually a straightforward step.

What does a wrongful death case cost?

There is no attorney fee unless we recover for the family. We explain how case costs are handled in writing before you sign anything.

The family lives in Mexico. Can they still recover?

Yes. Since 2019, Washington no longer requires parents or siblings to live in the United States to be wrongful death beneficiaries, and spouses and children never had that restriction. Our Spanish-speaking attorneys can work directly with family members abroad on the documentation and distribution.

Talk to a Washington Injury Lawyer

Call (888) 884-7337 or send us a message for a free consultation. No fees unless we win. Se habla español.