What is a Wrongful Death Lawsuit?

In the tragic aftermath of a fatal car accident, the grief and loss can be all-consuming for the surviving family members. Amidst the sorrow, legal questions arise that can feel overwhelming. When a person’s death is caused by the negligent or reckless actions of another driver, the standard personal injury claim transforms into something different: a wrongful death lawsuit.

A wrongful death claim is a specific type of civil lawsuit brought by the surviving family members or the estate of a person who has died as a direct result of someone else’s wrongful act. It is not a criminal case like manslaughter; it is a civil action designed to provide financial compensation to the family for the devastating losses they have suffered.

While no amount of money can ever replace a loved one, a wrongful death lawsuit provides a legal path for families to seek justice and secure the financial stability they need to move forward. Understanding how these claims work in Washington State is the first step in this difficult process.

Useful Information for You: In a Nutshell

• Definition: A wrongful death lawsuit is a civil claim filed when a person’s death is caused by the wrongful act or negligence of another.
• Who Can File: In Washington State, the lawsuit is filed by the personal representative of the deceased’s estate on behalf of specific beneficiaries, primarily the spouse, registered domestic partner, and children.
• Two Types of Claims: The lawsuit typically includes a “wrongful death” claim (for the family’s losses) and a “survival” claim (for the losses the deceased person suffered before they passed).
• Recoverable Damages: Compensation can include lost future income, funeral expenses, and damages for the family’s loss of love, companionship, and emotional support.
• Statute of Limitations: The deadline to file a wrongful death lawsuit in Washington is generally three years from the date of the person’s death.

Who Has the Right to File a Wrongful Death Claim in Washington?

The laws governing who can bring a wrongful death action are very specific. In Washington State, the claim must be filed by the personal representative of the deceased person’s estate. This representative acts on behalf of the statutory beneficiaries.

The primary beneficiaries are:

• The surviving spouse or registered domestic partner.
• The surviving children and stepchildren.

If none of these individuals exist, the claim can then be brought for the benefit of the deceased’s parents or siblings.

Understanding the Damages in a Wrongful Death Case

A wrongful death lawsuit actually combines two distinct but related types of claims to ensure the family is compensated for all aspects of their loss.

1. The “Wrongful Death” Claim:

This part of the lawsuit is designed to compensate the surviving family members for their own losses resulting from their loved one’s death. This includes:

• Loss of Financial Support: The wages and benefits the deceased would have earned and provided to the family over their lifetime.
• Loss of Companionship and Consortium: Compensation for the intangible but profound loss of love, care, affection, guidance, and companionship.
• Emotional Grief and Sorrow: Damages for the mental anguish and suffering of the surviving beneficiaries.

2. The “Survival” Claim:

This part of the lawsuit seeks compensation for the losses that the deceased person themselves suffered from the moment of the accident until the moment of their death. It is as if their own personal injury claim “survives” their death. This includes:

• Medical Bills incurred between the accident and their death.
• Lost Wages the deceased would have earned during that time.
• The Deceased’s Own Pain and Suffering that they endured before they passed away.
• Funeral and Burial Expenses.

The Statute of Limitations is Absolute

It is crucial to know that the clock is ticking. In Washington, the family generally has three years from the date of death to file a wrongful death lawsuit. If this deadline is missed, the right to seek compensation is lost forever. While this may seem like a long time, the investigation and preparation required for these complex cases is extensive, making it vital to seek legal counsel promptly.

The loss of a family member is the most devastating outcome of a car accident. Navigating the legal system in the midst of such grief is an impossible burden to bear alone. If you have lost a loved one in a fatal car accident in the Tacoma area, search the Car Accident Lawyer Directory Tacoma. You can find and compare compassionate, experienced local attorneys who can handle the complexities of a wrongful death claim with the dedication and respect your family deserves.

References

• Revised Code of Washington (RCW 4.20.010) – Wrongful death—Right of action:The official state law that creates the right for the personal representative of an estate to file a lawsuit for wrongful death.

  https://app.leg.wa.gov/rcw/default.aspx?cite=4.20.010

• Revised Code of Washington (RCW 4.20.046) – Survival of actions:The state law that allows the deceased’s own personal injury claim (for damages suffered before death) to “survive” and be brought by their estate.

  https://app.leg.wa.gov/rcw/default.aspx?cite=4.20.046

• Washington State Bar Association (WSBA) – Wills & Estate Planning:Public resources from the WSBA explaining the role of a personal representative of an estate, which is relevant to who can file a wrongful death claim.

  https://www.wsba.org/for-the-public/find-legal-help