Wrongful death is a legal liability claim or cause of action that may be made in a civil lawsuit (noncriminal case) for money damages against a person or entity whose negligence or intentional act wrongfully caused the death of the deceased person (the decedent).
Wrongful death claims may allow a deceased tort victim’s estate, surviving parents, children, and spouse to recover damages for their losses from the victim’s death.
Laws regarding wrongful death claims vary from state to state. In many states the legislature has enacted statutes (laws) governing any recovery for wrongful death. And in some states the law regarding recovery for wrongful death may be located in the state’s court opinions (also known as case law, common law, or judicial decisions).
In Washington State, wrongful death claims are governed by RCW 4.20, which outlines who may file a wrongful death lawsuit and the types of damages that may be recovered. The law allows the personal representative of the deceased person's estate to bring a wrongful death action on behalf of certain family members, specifically the spouse or state registered domestic partner, and children or stepchildren. If the decedent has no spouse, state registered domestic partner, or children, then the parents or siblings may bring the action if they were financially dependent on the decedent. Damages in a wrongful death case may include compensation for lost wages and benefits, loss of companionship, pain and suffering, and funeral expenses. The statute of limitations for filing a wrongful death claim in Washington is generally three years from the date of the decedent's death. It is important for those considering such a claim to consult with an attorney to understand the specific application of these laws to their situation.