Who Can File a Wrongful Death Claim in Washington

By the FigureMyTax Editorial Team · How we calculate

Washington gives the personal representative two related claims, for two overlapping groups.

The wrongful death claim

The personal representative may maintain an action for the economic and noneconomic damages sustained by the beneficiaries listed in RCW 4.20.020, in amounts a trier of fact finds just under all the circumstances.

Who the beneficiaries are

Every action is for the benefit of the spouse or state registered domestic partner and the children, including stepchildren. If there is none of them, the action may be maintained for the benefit of the parents or siblings.

The survival claim

An action for personal injury occasioning death does not abate if the person has a surviving spouse, domestic partner or child, or, if none, surviving parents or siblings, and it is brought by the personal representative.

What the estate recovers

Under RCW 4.20.046, in addition to economic losses on behalf of the estate, the personal representative can recover noneconomic damages for pain and suffering, anxiety, emotional distress or humiliation personal to the deceased, on behalf of the same beneficiaries.

Retroactive

The 2019 changes are described as remedial and retroactive, applying to claims not time barred and to claims pending on July 28, 2019.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Washington's rules apply to your specific case with a licensed Washington attorney.