What to Know About Wrongful Death Claims in Washington State

Wrongful death claims are unlike any other personal injury lawsuits. There are special rules at every stage, dealing with the nature of the claims, who can bring them, and ethical issues involved.

I recently lectured at a webinar on the “Top 10 Things to Know About Wrongful Death Claims,” and figured I would share some of this information more broadly.

What Is a Wrongful Death Claim?

In an ordinary personal injury lawsuit, the injured party (“plaintiff”) sues a defendant for negligently (or sometimes criminally) causing their injuries. But when the plaintiff dies as a result of their injuries, the claim becomes a wrongful death claim.

Who Can Bring a Wrongful Death Lawsuit?

A wrongful death lawsuit obviously cannot be brought by the person who died. Instead, the personal representative of that person’s estate is the plaintiff in a wrongful death claim.

What Is a Wrongful Death Claim Worth?

A wrongful death claim is really made up of two separate claims. First, there is a claim for the pain, suffering, and losses of the person who died. This is called a “survival claim” because their claim survives their death.

Second, in most cases the family of the victim has claims for loss of the relationship of the loved one.

As for what a wrongful death claim is worth, Washington does not have punitive damages in wrongful death claims. And there are not set measures for what any of these claims are worth. The value of damages is determined only by the jury or settlement of the parties, based on factors like the closeness of relationships and the experience of suffering. An experienced lawyer can usually give guidance based on the specific facts of each case.

Tips for Lawyers with Wrongful Death Clients

If you represent someone in a wrongful death claim there are specific rules to follow that don’t apply in most personal injury cases. For one thing, you need to get a personal representative appointed. That part of the probate process is new to many lawyers. Second, having a personal representative as the client, responsible to pursue claims on behalf of statutory beneficiaries, can raise ethics issues that need to be clearly addressed. Third, you need to plead your claims carefully to include the right claims and damages. Unlike personal injury law, wrongful death lawsuits are based on statute. The statutes have evolved over 100 years and confuse even the most experienced lawyers.

If you have questions about a potential wrongful death claim, feel free to contact me.