The unexpected loss of a loved one is always traumatic, but when the loss was preventable and only happened because of someone else’s negligence, it causes additional anguish to the surviving family members. A wrongful death attorney in Arlington helps recover compensation and a sense of justice, but it’s important to understand who can file a wrongful death claim for a lost loved one in Washington first. Under RCW 4.20.010, only the decedent’s personal representative may file a claim on behalf of the family.
What Happens After a Personal Representative Files a Washington Wrongful Death Claim?
Some states allow a close family member, like a spouse, parent, or adult child, to file a wrongful death claim directly, but in Washington, only the decedent’s personal representative may file a claim. Typically, this is the person named as personal representative or executor in the decedent’s will or estate plan. In many cases, this is a close family member. If the decedent doesn’t have a will, then the court will appoint a representative. Often, a loved one hires a wrongful death attorney and then asks the attorney to petition the court to appoint the family member as the representative if there is no will.
After a personal representative files a wrongful death claim, their attorney investigates all aspects of the death and compiles evidence of the at-fault party’s careless, reckless, or wrongful action that caused the death. Then, they carefully calculate the family’s economic damages before filing the claim.
How Is a Washington Wrongful Death Settlement Distributed?
Once the personal representative of the decedent recovers wrongful death compensation through a settlement or court award for damages like funeral and burial expenses, the decedent’s lost income and benefits, and compensation for emotional grief and anguish, and loss of guidance and support, they don’t keep the compensation unless they are also the closest surviving family member. Otherwise, the personal representative distributes the financial award to the decedent’s spouse, parent, or child.
How Long Does a Personal Representative Have to File a Wrongful Death Claim?
Besides the question of who may file a wrongful death claim in Washington, the timing of a wrongful death claim is also important. In Washington, the statute of limitations for wrongful death claims is three years from the date the death occurred. But when considering the timing of the claim, first, it’s rarely advisable to accept a fast settlement offer from the at-fault party’s insurance company. Often, these are intentionally offered while the family is vulnerable and hasn’t yet established the full extent of their damages. Instead, it’s advantageous for the decedent’s representative to first hire an attorney to evaluate the economic and non-economic damages caused by the death before filing a claim.
Most claims are resolved with a settlement. Only about 4% of personal injury claims, like wrongful death cases, require a court. However, if the insurance company fails to offer an acceptable settlement, the personal representative must file a petition for court within three years of the death. For this reason, an insurer will not consider a wrongful death claim filed past the three-year statute of limitations.
Ask a Washington Wrongful Death Attorney
If you have questions about who may file for wrongful death or how the statute of limitations applies in your case, an Arlington personal injury lawyer can help.