When a family loses someone because another person was careless, the questions come all at once. Who pays for the funeral? How will we manage without their income? Is anyone going to answer for this? Rich Martin is a Washington wrongful death lawyer. For 28 years he has helped families in King, Pierce, and Snohomish County hold the responsible people and companies to account.
This page walks through how Washington’s wrongful death laws work, in plain words. If you’d rather talk, call us. There’s no cost and no pressure.
What counts as a wrongful death in Washington
A death is “wrongful” under Washington law when it’s caused by someone else’s wrongful act, neglect, or default (RCW 4.20.010). In everyday terms, that means a death that wouldn’t have happened if someone had acted with reasonable care. The law doesn’t require a crime. Most of these cases come from ordinary carelessness.
The families we help have lost someone in situations like these:
- Traffic crashes. A driver who was speeding, drunk, distracted, or ran a light. See our pages on car crashes and motorcycle crashes.
- Commercial truck crashes, where a tired driver or a poorly kept rig is often part of the story. Read about truck crash cases.
- People walking or biking who were hit by a car. See pedestrian cases and bicycle cases.
- Work deaths caused by an outside company, such as a contractor or the driver of another vehicle.
- Unsafe property, like a broken stair, a missing railing, or poor security. See property injury cases.
Traffic is the most common cause. The Washington Traffic Safety Commission counted 659 traffic deaths statewide in 2025 (preliminary), down from 809 in 2023. Fewer deaths is good news. It’s no comfort to the families behind those numbers.
Two claims, one case
Washington splits a death case into two legal claims. They’re filed together, by the same person, but they cover different losses.
| Wrongful death claim | Survival claim | |
|---|---|---|
| Law | RCW 4.20.010, RCW 4.20.020 | RCW 4.20.046, RCW 4.20.060 |
| Whose losses | The family’s | The person who died |
| Covers | Lost financial support, lost love and companionship, the grief of losing them | Medical bills, lost wages before death, their pain and fear before they died |
| Money goes to | The family members the law names | The estate, then passed on under the will or state law |
Why does this matter? Because insurers sometimes value only one side. A full claim counts what the family lost and what the person who died went through.
Who the claim belongs to
The law names the family members in order (RCW 4.20.020). The first group is a spouse or registered domestic partner and the children, including stepchildren. If there’s no one in that group, the claim goes to parents or siblings.
That second group used to face hard limits. Before 2019, parents and siblings had to have depended on the person for support and live in the United States. The legislature removed those limits in 2019 (Senate Bill 5163 report). So a parent who lost an adult child, or a family that lives overseas, may now have a claim that didn’t exist before.
Parents also have their own claim when a child is hurt or killed (RCW 4.24.010). For a minor child, the parent must have regularly helped support the child. For an adult child, the parent must have been significantly involved in the child’s life. Either way, the claim is available only if the child left no spouse, domestic partner, or children. It covers medical costs and the loss of the child’s love and companionship.
Who brings the case
The case is filed by the personal representative. That’s the person a court appoints to handle the estate. If the person who died left a will, it usually names someone. If not, a court can appoint a family member.
Being the personal representative sounds like a lot. In practice, we do the legal work. The personal representative signs papers, makes decisions with the family, and approves any settlement. If no one has been appointed yet, that’s one of the first steps, and we’ll explain how it works.
Washington wrongful death deadlines
Most wrongful death cases must be filed within three years of the death (RCW 4.16.080). But there are traps that can shorten the time.
| Situation | What applies |
|---|---|
| Most cases | File within 3 years of the death (RCW 4.16.080) |
| The person was hurt earlier and died later | The family’s claim can fail if the person’s own injury claim had already run out before death (Deggs, 2016) |
| A city, county, or local agency is at fault | File a claim form first, then wait 60 days (RCW 4.96.020) |
| The State of Washington is at fault | File with the state’s Office of Risk Management, then wait 60 days (RCW 4.92.110) |
| A federal agency or employee is at fault | File an agency claim within 2 years (28 U.S.C. 2401(b)) |
You don’t need to decide anything today. But evidence fades fast. Crash video, phone records, and witness memories are easier to save in the first weeks.
When someone dies on the job
Workers’ comp through L&I usually pays death benefits to a worker’s family. You generally can’t sue the employer. But if someone other than the employer caused the death, like another driver or a contractor on the site, the family may have a separate claim against them (RCW 51.24.030). That claim can cover losses L&I doesn’t.
L&I has to be told about a third-party claim, and part of any recovery may go back to it. We handle that process, so the family isn’t caught in the middle.
What a family can recover
Every family is different, so every case is different. These are the losses we look at:
- Lost income and support the person would have given the family over their lifetime.
- Lost love, care, and guidance, including what children lose when a parent dies.
- Grief and mental anguish of the family members the law names.
- Medical bills from the injury before death.
- Funeral and burial costs.
- The person’s own pain and suffering before they died, through the survival claim.
Read about wrongful death settlements in Washington and who can file a wrongful death lawsuit. We can’t promise any amount. We can promise to count every loss.
How a case moves forward
- We listen. You tell us what happened, at your own pace.
- We save the evidence. Police reports, video, phone and vehicle data, and witness names.
- We make sure a personal representative is in place, so the case can be filed.
- We find every policy. Liability coverage, the family’s own UIM, and business policies.
- We build the full loss. Income records, expert reports, and the family’s story.
- We negotiate, or go to court. Most cases settle. Some need a jury.
Why families call Rich Martin
- One lawyer, start to finish. Rich handles your case himself. You won’t be passed around.
- Trial experience. More than 30 jury trials. Insurers know he’s ready to go to court.
- Results. Multiple wrongful death settlements above policy limits.
- Two offices, in Bellevue and Tacoma, and phone or email when that’s easier.
We have local pages for families in Seattle, Bellevue, Tacoma, Everett, Kent, Redmond, Renton, and Kirkland. Each covers the local court, roads, and claim offices.
Talk to a Washington wrongful death attorney
The first call is free, and it’s just a conversation. No Win, No Fee: if there’s no recovery, you owe us nothing. Call (425) 635-2000 or send us a message. We’ll answer your questions and tell you honestly what we think.
Wrongful Death: results for our clients
Past results don't guarantee future results. Every case is different. See all results →
Your attorney: Rich Martin
28 years. More than 2,000 injury cases. More than 30 jury trials. When you call, you talk to Rich, and he handles your case himself.
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Common questions
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.
How long does a family have to file a wrongful death case in Washington?
Usually three years from the death (RCW 4.16.080). Claims against a government agency need a claim form first, and some cases have shorter limits. Call early so nothing is missed.
Do we need a Washington wrongful death lawyer?
You don't have to hire one, but these cases are complex. There are two claims, a court-appointed representative, insurers, and strict deadlines. A Washington wrongful death lawyer handles all of that so the family doesn't have to. The first call is free.
Can parents file if their adult child died?
Often, yes. Since 2019, parents and siblings can bring a claim when there's no spouse, domestic partner, or child, without having to prove they depended on the person for support.
Who has to sign the lawsuit?
The personal representative of the estate. If no one has been appointed yet, that comes first, and we explain how it works.
Does a criminal case have to finish first?
No. A wrongful death case is a civil case. It can move forward whether or not anyone is charged, and the proof needed is lower than in a criminal case.
What if the person who died was partly at fault?
Washington uses comparative fault (RCW 4.22.005). The family's recovery is reduced by that share, but it isn't wiped out.
Talk to a lawyer today. The call is free. Call (425) 635-2000.
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