Last updated: October 21, 2026
The funeral was two weeks ago. Now there’s a letter from the other driver’s insurance company, and it uses the word “settlement.” You’re not sure what that means for your family, who would get the money, or whether it’s too soon to even think about it.
A wrongful death settlement is an agreement that pays your family for a death someone else caused, without a trial. In Washington, the law decides who the money is for. Several things come out of it before it reaches you. Here’s how it works, in plain words, so you know what to expect.
The short answer: The money goes to the family the law names: first a spouse or registered domestic partner and children, then parents or siblings. Your personal representative signs the deal. Fees, case costs, and some liens come out first. Settlements for physical injury are generally not taxed. No official “average” amount exists.
What is a wrongful death settlement?
It’s a deal between your family’s side and the party who caused the death, usually through that party’s insurer. The insurer pays an agreed amount, and the claim ends. There’s no trial. In Washington, your loved one’s personal representative brings the claim. That person signs the settlement for the family members the law protects.
A death case here is really two claims filed together. One is for your family’s losses. The other, called a survival claim, is for what your loved one went through. Our Washington wrongful death page explains how a case is built.
Who gets the money in a wrongful death lawsuit?
Washington law names the family members, in order. The first group is a spouse or state registered domestic partner and the children, including stepchildren. If there’s no one in that group, the claim is for the parents or siblings. Since 2019, parents and siblings don’t have to prove they depended on your loved one for support.
| Claim | Who it’s for | Law |
|---|---|---|
| Wrongful death | Spouse or partner and children, including stepchildren. If none: parents or siblings. | RCW 4.20.020 |
| Survival claim | Brought by the estate. Damages for your loved one’s pain go to the same family members. | RCW 4.20.046 |
| Parents’ claim for a child | A parent who supported a minor child, or was closely involved in an adult child’s life. Only if the child left no spouse, partner, or children. | RCW 4.24.010 |
The statute doesn’t set a fixed share for each person. At trial, a jury awards what it finds just. In a settlement, your family usually agrees on the split, and the personal representative approves it.
What can your family be paid for?
It can pay for what your family lost and what your loved one went through. Your family’s losses include the financial support you would have had, and the loss of love, companionship, and guidance. The survival claim can cover medical bills and lost wages before death. It can also cover your loved one’s own pain and fear.
| Whose loss | What it can cover |
|---|---|
| Your family | Lost support and services, lost love and companionship, grief |
| Your loved one | Medical bills and lost wages before death, plus pain, anxiety, and distress |
| Parents of a child | Health care costs, lost support, loss of love and companionship |
Insurers sometimes value only one side. A full claim counts both what your family lost and what your loved one suffered.
What is the average wrongful death settlement in Washington?
There isn’t one you can rely on. No Washington court or agency publishes an average. The figures you see online are estimates from law firms or private surveys. Two deaths that sound alike can settle far apart. The amount depends on who died, who they supported, how it happened, and how much insurance there is.
These things usually move the number most:
- Your loved one’s age, health, and earnings, and who depended on them
- How clear the fault is, and whether your loved one shared any blame
- What your loved one went through before they died
- How much insurance the at-fault party carries
- Whether a business, employer, or government agency also shares the blame
Shared fault lowers a recovery by that share (RCW 4.22.005). For how claims are valued in general, see typical car accident settlement amounts.
Where does the settlement money come from?
Almost always from insurance. In a crash, that’s usually the at-fault driver’s liability policy. Washington’s minimum is only $25,000 per person, which rarely covers a death. So your family may also look at your loved one’s own underinsured motorist coverage. An employer’s policy can apply if the driver was working.
Washington minimum liability limits
If a city, county, or local agency is at fault, you file a claim form first and wait 60 days before suing (RCW 4.96.020).
What deductions come out of the settlement amount?
A few things are paid before your family’s share. If you hired a lawyer on a contingency fee, the fee comes out. Case costs, like records and experts, are repaid. A health plan that paid for care before death may ask to be paid back. Your lawyer must give you a written statement that shows every amount.
Example only: where a $300,000 settlement goes
Your fee agreement must be in writing and say how costs are handled. See what a contingency fee is and what comes out of a settlement.
How are wrongful death settlements paid out?
Usually in one payment, after the personal representative signs the release. If a lawyer handles your case, the check goes into the lawyer’s trust account first. Fees, costs, and liens are paid. The rest goes to your family as agreed. Some deals pay over time instead, and then the fee is paid only as each payment arrives.
- Agree on the amount. The personal representative approves it.
- Sign the release. It ends the claim for good.
- Money goes to the trust account. Fees, costs, and liens are paid.
- Your family is paid. With a written statement of every amount.
The rule for payments over time is RPC 1.5(c)(4).
Are wrongful death settlements taxable?
Usually not the main part. The IRS says money for personal physical injuries or physical sickness is generally not taxable. The exception is medical costs you deducted in an earlier year. Two parts are taxable: interest on a settlement, and punitive damages. How a deal is divided can matter, so talk to a tax professional before you sign.
Source: IRS Publication 4345, Settlements and Taxability (Rev. 9-2023). This is general information, not tax advice. See whether personal injury settlements are taxable.
Does a criminal case change your family’s claim?
No. If the driver is charged with a crime, that case is separate from your family’s claim. A criminal court may order restitution for some costs. But restitution doesn’t limit your family’s right to sue for the full loss. You also don’t have to wait for the criminal case to end before you start your claim.
Restitution rules are in RCW 9.94A.753. Read more in civil vs criminal liability.
What should you do before you accept an offer?
Slow down and get the full picture first. An early offer often comes before anyone has counted every loss or found every policy. Open the estate so someone can act for your family. Gather the records below. Ask for a written breakdown of fees and costs, and check the tax side. Once the release is signed, the claim is closed.
| Document | Why you need it |
|---|---|
| Death certificate | Needed to open the estate and file the claim |
| Police or crash report | Shows how the death happened and who was at fault |
| Medical and funeral bills | Show costs before and after the death |
| Pay stubs and tax returns | Show the support your family lost |
| Every insurance policy | Yours, your loved one’s, and the other side’s, to find all coverage |
How long does a wrongful death claim take to settle?
Often many months, and longer if a lawsuit is filed. The estate has to be opened first. Then the evidence, your losses, and all the insurance have to be pinned down. Most Washington wrongful death cases must be filed within three years of the death. So don’t let the paperwork wait too long.
The deadline is RCW 4.16.080. For what slows a claim down, see how long it takes to settle a claim. If you call us, we’ll walk you through opening the estate, and we do the legal work.
FAQ
Do I need to open an estate to settle a wrongful death claim?
Yes. A personal representative brings the claim, and a court appoints that person. If the will names someone, it’s usually them.
What if my loved one was partly at fault?
Your family can still recover in Washington. The amount goes down by your loved one’s share of the fault.
Can the money be divided unevenly?
Yes. The law doesn’t set fixed shares. Your family can agree to a split that reflects who depended on your loved one most.
Is a wrongful death lawsuit payout different from an injury settlement?
Yes. The money is for the family members the law names. A separate survival claim covers your loved one’s own losses.
What does No Win, No Fee mean?
You pay nothing up front. Our fee comes out of the money we win for you. No hourly bills. No retainer. If we don’t win, you owe us nothing. Not even the case costs.
Talk to Rich about your family’s claim
No amount makes up for losing someone. But a fair settlement can protect the people they left behind. Call Rich Martin. He has handled more than 2,000 injury cases in 28 years and taken more than 30 to a jury. He was named to the National Association of Distinguished Counsel’s Nation’s Top One Percent in 2023 and 2024.
We help families in Bellevue, Seattle, Tacoma, and across Washington. Your case review is free. No Win, No Fee. We speak English and Korean.
Call (425) 635-2000 or see how we handle wrongful death cases.
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