Wrongful Death Lawsuits in Washington: Guide to Filing

Losing a family member in a crash, workplace incident, pedestrian collision, or drunk driving accident leaves you with questions no one should have to answer alone. You may be trying to understand who can file a wrongful death lawsuit, whether probate has to happen first, and how long your family has to act. Our personal injury team helps eastern Washington families work through those decisions after a preventable death.

The first steps can shape the case. Evidence from commercial vehicles can disappear. Witnesses can move. The three-year civil deadline keeps running even if a criminal case is still open. If the wrong family member files before the estate has a personal representative, the case can stall.

McPartland Law Offices helps families in Moses Lake, Kennewick, Spokane, and nearby eastern Washington communities open the estate, preserve evidence, and pursue the wrongful death damages available under Washington law.

Why Choose McPartland Law Offices for a Wrongful Death Claim

Choosing an attorney after a family loss is not easy. You need a firm that understands how wrongful death claims work in eastern Washington, from the probate step to the evidence that may disappear in truck, workplace, and roadway cases.

Bryce McPartland and Bryton Redal have represented injured people and grieving families in eastern Washington since 2012. McPartland Law Offices has locations in Moses Lake and Spokane, so families can work with a firm rooted in the same region where the case began.

We have recovered more than $50 million and earned more than 350 five-star reviews. We work on a contingency fee basis, which means there are no upfront legal fees and no fee unless we recover for you. When negotiation serves your family’s interests, we negotiate. When it does not, we are prepared to take the case to court.

Client Testimonials

“When all others wouldn’t take or wanted nothing to do with my case, he took it and stuck with it and saw it through til the end. Bryce also was determined to get me what I deserved. He always was honest and held nothing back. He also kept my husband and I very informed and was very professional. My family and I are thankful for his hard work and determination on my case and believed in my case. I would recommend him to all anybody who needs legal help. Thank you again Bryce.” — Joey

“Without going into specifics, I have been stressed out for almost a month trying to figure out how to handle a legal issue. I contacted Bryce McPartland for a consultation where I expected him to tell me I had no case. Instead, Bryce looked at my documentation and asked me a few questions. Within an hour, Bryce had a letter written which was sent out that day. The next day, I was informed that my issue was resolved. I couldn’t believe it.” — George

“I was so nervous, because I had never been involved in a car accident and personal injury case before. From the first day that I came into the office, I was immediately put at ease and was comfortable handing everything over to you. You handled everything, and I could focus on running my business.” — Mary

Who Can File a Wrongful Death Lawsuit in Washington

Under RCW 4.20.010, only the personal representative of the deceased’s estate can file a wrongful death lawsuit in Washington. That is the executor named in the will or, if no will exists, an administrator the court appoints. The personal representative files the case, but the recovery belongs to the statutory beneficiaries. Washington law consolidates filing this way so all claims run through one lawsuit rather than having each family member file separately.

Who qualifies as a beneficiary is defined in RCW 4.20.020. The statute sets up two tiers. The first tier includes the surviving spouse, state-registered domestic partner, children, and stepchildren of the deceased. If none of those first-tier beneficiaries exist, the claim may be brought for the benefit of the deceased’s parents and siblings. That second tier carries more weight than it once did. The 2019 amendments removed the prior dependency and residency limitations, so parents and siblings no longer have to prove financial dependence on the deceased or U.S. residency to qualify. Which tier applies is usually straightforward, but the answer shapes the entire recovery.

Wrongful Death Claims vs. Survival Actions in Washington

A wrongful death claim and a survival action often come from the same fatal incident, but they cover different losses.

A wrongful death claim under RCW 4.20.010 focuses on the beneficiaries’ losses. That may include the loss of financial support, love, companionship, care, and guidance the deceased would have provided.

A survival action in Washington, including claims under RCW 4.20.046 and RCW 4.20.060, focuses on damages the deceased could have pursued if they had survived. That may include medical expenses, lost wages between the injury and death, and the deceased’s own pain, suffering, anxiety, emotional distress, or humiliation. The personal representative often evaluates both claims together when a death follows another party’s negligence.

How a Wrongful Death Lawsuit Gets Filed in Washington

Filing a wrongful death claim in Washington follows a defined sequence, and each step builds on the one before it.

Step One: Open Probate

Probate comes first because the personal representative needs court authority to file. That authority comes through the probate process, either by confirming an executor named in a will or by appointing an administrator when no will exists. Probate can run parallel to the wrongful death investigation and does not have to be completed before evidence preservation begins.

Step Two: Investigate the Cause of Death and Preserve Evidence

Evidence can disappear quickly in a wrongful death case, especially when a commercial truck, company vehicle, or job site is involved. Police reports, witness information, dashcam footage, event data recorder files, and driver logs may become harder to obtain as time passes. An attorney can send preservation letters and request key records while they may still be available. Families facing a claim after the at-fault person also died may need to address additional estate and insurance questions when deciding what to do if the person who injured you died.

Step Three: File the Civil Complaint Within Three Years

The wrongful death statute of limitations in Washington is generally three years from the date of death under RCW 4.16.080. The civil deadline runs separately from any criminal case. A pending prosecution against an at-fault driver does not pause the civil claim.

Limited exceptions may affect some filing deadlines, but families should not assume probate issues, a criminal case, or family circumstances will pause the wrongful death statute of limitations.

Common Causes of Wrongful Death Claims in Eastern Washington

Eastern Washington’s roads, job sites, and industries shape the wrongful death cases families face here. I-90, US-2, US-395, rural two-lane roads, farms, construction sites, warehouses, and trucking routes all create risks that can lead to fatal injuries. Common causes include the following:

• Car, truck, and motorcycle crashes, including collisions involving commercial vehicles or Canadian trucking companies that may require additional service steps.
• Workplace fatalities, including deaths tied to construction, agriculture, warehouses, equipment failures, contractors, or third-party drivers.
• Pedestrian collisions, where insurers may dispute pedestrian conduct even when the injuries are severe.
• Drunk driving deaths, which may also support a claim against a business that overserved the driver in some cases.

A workers’ compensation claim through the Washington State Department of Labor and Industries does not always prevent a separate wrongful death claim against a responsible third party. McPartland Law Offices can review whether both paths may apply.

What Damages Beneficiaries Can Recover

Wrongful death damages in Washington fall into two categories, and the amounts depend on the specific facts of each case.

Economic Damages

Economic damages may include the following:

• Funeral and burial expenses
• Loss of the financial support the deceased would have provided over their working life
• Loss of household services the deceased contributed

These are measurable losses tied to what the deceased would have provided. The calculation typically involves income projections, life expectancy, and the specific circumstances of the family’s situation.

Non-Economic Damages

Non-economic damages under RCW 4.20.010 may include the loss of love, companionship, care, guidance, and emotional support the deceased provided. Washington does not currently cap non-economic damages in wrongful death cases, but the amount still depends on the evidence and the facts of the case. Related family-based claims can also raise questions about loss of consortium and who can file.

How a Wrongful Death Settlement Is Distributed Among Beneficiaries

A wrongful death settlement does not automatically split equally among family members. It also does not pass through the deceased’s general estate under ordinary probate distribution rules. The recovery belongs to the statutory beneficiaries.

The personal representative typically proposes how to allocate the settlement among the beneficiaries. The court may review and approve that allocation, especially when minor children are involved. Protected accounts or structured arrangements may apply for minors. The court may consider each person’s relationship to the deceased, financial dependence, and individual loss. There is no one-size-fits-all formula, so the distribution depends on the family structure and the facts of the case.

Mistakes That Hurt a Wrongful Death Case

Some of the most damaging mistakes happen in the first days and weeks after a death. Families are grieving, bills are arriving, and insurance companies may already be asking questions.

• Talking to an insurance adjuster without legal guidance, because an early recorded statement may be used to limit recovery later.
• Waiting for the criminal case to end before opening the estate, because the three-year civil deadline keeps running.
• Filing under a beneficiary’s individual name instead of through the personal representative, because a wrong-party filing can delay the case.
• Letting evidence disappear, because police reports, witness information, dashcam footage, event data recorder files, and driver logs can become harder to obtain.

An early conversation with McPartland Law Offices can help your family understand the next step before evidence is lost or a deadline becomes harder to manage.

Frequently Asked Questions About Wrongful Death Lawsuits in Washington

Can Siblings File a Wrongful Death Claim in Washington?

Siblings can qualify as wrongful death beneficiaries, but only when no first-tier beneficiaries exist. That means no surviving spouse, state-registered domestic partner, children, or stepchildren. The 2019 amendments to RCW 4.20.020 removed prior dependency and residency limits for parents and siblings, so qualifying second-tier beneficiaries no longer need to prove financial dependence on the deceased or United States residency.

What If the Deceased Did Not Have a Will?

A wrongful death claim can still proceed without a will. When no will exists, the court appoints an administrator who serves in the same functional role as an executor, with authority to file the claim on behalf of the beneficiaries. The absence of a will does not block the claim, but the court appointment process may take additional time, which is another reason to start promptly after a death.

Can Multiple Family Members File the Same Lawsuit?

Only the personal representative files the wrongful death lawsuit. Multiple beneficiaries share in the recovery, but they do not file separately. The personal representative usually proposes how to divide the proceeds, and the court may need to review or approve the allocation, especially when minor beneficiaries are involved.

Does Washington’s Comparative Negligence Rule Reduce Wrongful Death Damages?

Yes. Washington follows a pure comparative negligence system under RCW 4.22.005. If the deceased was partly at fault, the recovery is reduced by that percentage rather than barred. Under Washington law, a family may still recover damages even when the deceased carried more fault than another party, unless the deceased was found 100% at fault.

Get Help Filing a Wrongful Death Claim in Eastern Washington

After a preventable death, your family should not have to sort through probate, insurance calls, and legal deadlines alone. McPartland Law Offices helps families in Moses Lake, Kennewick, Spokane, and nearby eastern Washington communities understand who can file, what evidence needs to be preserved, and what damages may be available under Washington law.

We offer free consultations, and there is no upfront cost. You do not pay a fee unless we recover for you. Call 509-495-1247 or fill out our contact form to tell us what happened.