Wrongful Death Lawsuits in Seattle: Who Can File and What to Expect
Losing a loved one unexpectedly is devastating. When that loss is due to someone else’s negligence, the emotional toll is compounded by legal questions: Do I have a case? Who can file a wrongful death lawsuit in Washington State? What does the process involve?
This guide will walk you through what to expect when filing a wrongful death lawsuit in Seattle, who is legally eligible to file, and how an experienced attorney can help you pursue justice and compensation.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil action brought by surviving family members against a person or entity whose negligence or misconduct caused another person’s death. These claims are about accountability and financial compensation for the losses survivors face—both emotional and economic.
Common Causes of Wrongful Death in Seattle:
Who Can File a Wrongful Death Claim in Washington State?
Washington law is very specific about who has the legal right to file a wrongful death lawsuit. Eligibility depends on the relationship to the deceased and whether they left behind dependents.
Primary Beneficiaries (RCW 4.20.020):
The following individuals are first in line to file:
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The personal representative of the estate
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The spouse or state-registered domestic partner
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Children or stepchildren of the deceased
Secondary Beneficiaries:
If there is no spouse or child:
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Parents or siblings may bring a claim only if they were financially dependent on the deceased.
What if the deceased was a child?
In cases involving a minor child, both parents may bring the claim—even if divorced—provided they’ve substantially supported the child.
Key Term:
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Personal Representative: This is typically the executor named in a will, or an appointed person if there is no will. They file the claim on behalf of all beneficiaries.
Damages You Can Recover in a Seattle Wrongful Death Lawsuit
Wrongful death claims in Washington are intended to compensate survivors for both tangible and intangible losses.
Economic Damages:
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Medical bills related to the final injury or illness
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Funeral and burial costs
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Lost income and benefits the deceased would have provided
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Loss of household services
Non-Economic Damages:
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Pain and suffering of the surviving family
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Loss of companionship and emotional support
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Loss of guidance for children
Special Case: Pain and Suffering of the Deceased (Survival Action)
Washington law allows a separate “survival action” if the deceased suffered prior to death. This is filed by the estate and seeks damages for the deceased’s pain, lost wages, and medical costs prior to death.
How Long Do You Have to File a Wrongful Death Claim in Washington?
The statute of limitations in Washington for wrongful death is typically three years from the date of death. This deadline is strict—filing after this period almost always bars your claim, regardless of its merit.
Pro Tip: Don’t wait. Evidence fades, witnesses disappear, and building a strong case takes time. If you suspect negligence, speak to an attorney right away.
What Is the Process of a Wrongful Death Lawsuit?
1. Initial Consultation
You meet with a wrongful death attorney who reviews the facts of the case, including cause of death, liability, and damages.
2. Investigation
Your legal team gathers medical records, witness statements, expert testimony, accident reports, and financial records.
3. Filing the Lawsuit
The attorney files a complaint on behalf of the estate or beneficiaries.
4. Negotiation & Settlement
Most cases settle out of court. Your attorney negotiates with insurance companies and defendants for a fair resolution.
5. Trial (If Needed)
If a settlement isn’t reached, your case proceeds to trial. A judge or jury decides the outcome.
Do You Need a Lawyer for a Wrongful Death Claim?
Yes. Wrongful death claims are complex, especially when multiple family members are involved or when large damages are at stake. An experienced Seattle wrongful death attorney can:
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Determine who is legally allowed to file
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Identify all responsible parties
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Accurately calculate damages
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Handle negotiations with insurance companies
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Represent you in court if necessary
You deserve space to grieve, let an attorney handle the legal weight.
Why Choose Campiche Andrews for Your Seattle Wrongful Death Case?
At Campiche Andrews, we’ve spent decades fighting for Washington families who have suffered unimaginable losses. Our team includes:
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Jeffery Campiche, one of Seattle’s most experienced trial lawyers
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Nicholas Andrews, a dedicated wrongful death and civil rights attorney
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A proven track record in multimillion-dollar verdicts and settlements
We combine compassion, litigation experience, and an unwavering commitment to justice.
Frequently Asked Questions
Can siblings file a wrongful death lawsuit in WA?
Only if there’s no spouse or child, and the sibling was financially dependent on the deceased.
What if the death was partially the victim’s fault?
Washington is a comparative fault state. You may still recover damages, though the amount could be reduced.
What’s the average wrongful death settlement in Washington?
Every case is different. Settlements often range from $250,000 to several million dollars, depending on age, income, and circumstances.
Do I pay legal fees upfront?
No. We work on a contingency fee basis—you pay nothing unless we win.
Speak With a Seattle Wrongful Death Attorney Today
If you’ve lost a loved one and believe negligence was involved, don’t navigate this alone. Campiche Andrews is here to help you understand your rights and pursue the justice your family deserves.
Call us now or fill out our confidential case review form to get started.
