After a loved one’s sudden death, the family goes through a period of shock, grief, and mourning. When the death was caused by someone else’s negligent or intentionally harmful actions, the family may consider filing a wrongful death claim once they’ve worked through the initial anguish. But how late is too late to file a claim? If you need legal guidance, speak with a wrongful death lawyer in Lake Stevens.
According to Washington RCW 4.16.080, wrongful death actions are limited to three years from the date of the death.
Why Set a Time Limit for Wrongful Death Claims In Washington?
A loved one’s death is permanent, but the right to file a Washington wrongful death claim is not. Like other states, Washington limits the amount of time available to the family to file a wrongful death claim through the decedent’s personal representative. A time limit for wrongful death helps to ensure the following:
- There is still evidence available when the case goes into negotiations with the at-fault party’s insurer, or if the case goes to court
- It increases the chances of reliable eyewitness testimony
- It protects the defendant from living under the long-term threat of a lawsuit
- Promotes more timely action, faster resolutions, and fewer unnecessary delays
- Helps to manage caseloads in courts
The statute of limitations for wrongful death claims makes it crucial for a family to move forward on a claim early enough to allow ample time for an investigation, documenting evidence, submitting a demand package to the insurer, and negotiating for the largest possible settlement.
Are There Ever Exceptions to the 3-Year Statute of Limitations for Wrongful Death In Washington?
Exceptions to the three-year time limit for wrongful death claims are rare, but the court may extend—or toll—the statute of limitations under some circumstances. For instance, if the cause of death isn’t discovered until later, the time limit begins on the date of the discovery. This exception is known as the discovery rule.
If the defendant conceals their part in the death or leaves the state, Washington courts will extend the time limit until the defendant is apprehended.
Finally, in medical malpractice claims, the court allows up to one year after the discovery date, even if it is beyond three years from the malpractice date.
Do I Have to Go to Court for a Washington Wrongful Death Claim?
No one wants to add the distress of court to the overall grief and anguish during the aftermath of a loved one’s tragic death. Fortunately, most claims are resolved with a settlement from the at-fault party’s insurance company. For example, commercial liability insurance after a balcony collapse death, or auto insurance after a car accident death caused by a drunk driver. Only about 4% of personal injury and wrongful death claims require a trial. This happens when an insurance company undervalues a claim or wrongfully denies the claim completely. A case may also require court if the insurer unreasonably delays progress on the claim. Sometimes insurance companies delay claims to run out the statute of limitations, hoping the claimant will accept a low settlement offer before the time limit expires.
If a wrongful death claim requires court, the claimant’s Lake Stevens personal injury attorney must file the lawsuit petition before the statute of limitations runs out on the case.