Changing Wrongful Death Lawyers in Washington

Who decides to switch in a wrongful death case

In Washington, the wrongful death lawsuit is brought by the personal representative of the person who died, under RCW 4.20.010. That person is usually the client and the one who can end the lawyer’s work under RPC 1.16. If family members disagree about switching, that is a conversation to have early, because the personal representative’s choice controls.

If no estate has been opened yet, a probate step comes first so someone has authority to bring the claim. A new lawyer should check that this was done correctly. For the general switching steps, see our Washington switching page.

Families weighing a change can start with our overview of switching injury lawyers.

Washington’s wrongful death and survival claims after 2019

The Legislature rewrote these statutes in 2019 (Laws of 2019, ch. 159), and the changes apply to all claims that were not time-barred and to cases pending on July 28, 2019. A new lawyer should make sure the case is built on the current text.

Wrongful death. Under RCW 4.20.010, the personal representative recovers economic and noneconomic damages suffered by the beneficiaries because of the death. RCW 4.20.020 names the beneficiaries: the spouse or state registered domestic partner and children, including stepchildren. If there are none, the claim is for the parents or siblings.

Survival. RCW 4.20.046 keeps the person’s own claims alive after death. The personal representative can recover the estate’s economic losses and, for the same beneficiaries, the pain, suffering, anxiety, emotional distress and humiliation the person went through before dying. RCW 4.20.060 also keeps an injury action alive when the injury causes death.

Death of a child. RCW 4.24.010 lets a parent who regularly supported a minor child, or who had significant involvement in an adult child’s life, bring a claim for loss of love, companionship and the parent-child relationship. For an adult child, this only applies if the child had no spouse, domestic partner or children. If one parent sues, the other must be served with notice and has 20 days to join.

For more on the differences between these claims, see survival action vs. wrongful death and who can file a wrongful death lawsuit.

When the family and the lawyer disagree

Death cases carry emotion, and sometimes families feel shut out. The lawyer’s client is usually the personal representative, but the claim is for the beneficiaries. That can mean other relatives are not getting updates directly. Before switching, the personal representative can ask the lawyer for a meeting with the family to explain where things stand.

Questions worth asking:

• Is the survival claim for our loved one’s suffering in the case, or only the family’s losses?
• Who are all the defendants, and has anyone been left out?
• Have we requested the autopsy, toxicology and 911 records?
• Have experts reviewed the cause of the crash or incident?
• What is the timeline to file, and has a government claim been presented if needed?

If those answers come back unclear, that is when families usually call us.

What a new lawyer has to check right away

• Whether the estate is open and the personal representative was properly appointed.
• Whether every beneficiary is identified, including stepchildren, which the statute names.
• Whether the survival claim for the person’s own suffering is in the case, and whether there is evidence of what they went through before death.
• Whether a parent’s separate claim under RCW 4.24.010 applies and whether notice went to the other parent.
• Every possible defendant. Washington’s RCW 4.22.070 has the jury assign fault to every entity that caused the death, including ones never sued.
• Insurance on all sides, including the family’s own UIM if a vehicle was involved.

Evidence that can be lost in a death case

The person who could best explain what happened can’t testify, so physical and electronic evidence matters even more. Vehicles get salvaged, equipment gets repaired, video gets overwritten and phone data can be lost. Autopsy and toxicology reports, the medical examiner’s file, 911 recordings and EMS run sheets should be requested early. Medical records showing how long the person was conscious support the survival claim. If the death involved a commercial truck, carrier records have their own short federal retention periods. Our Washington truck accident page covers those.

Lost income is often the largest economic part of a death claim. A new lawyer should gather tax returns, pay records and benefits information, and may need an economist to project what the person would have earned and contributed to the household. Household services, like childcare and home repairs the person handled, also have value. Those records are easier to get early, while employers and accountants still have them.

Deadlines for Washington wrongful death claims

Wrongful death claims in Washington are generally governed by the three-year limit in RCW 4.16.080(2). When a local government is involved, such as a county road or a city vehicle, a claim must be presented first and you generally wait 60 days before filing under RCW 4.96.020. Claims against the State go through RCW 4.92.100. Changing lawyers does not stop these clocks.

What switching costs the family

Families in grief should not have to worry about paying twice. If you move the case to us, the total fee does not go up. The former lawyer’s share for the work done, which Washington courts generally limit to reasonable value under Ross v. Scannell, is paid from our fee. Costs the first firm advanced, like expert or records fees, are usually repaid from the recovery. If there is no recovery, the family owes nothing.

If the personal representative has already signed a release and the case settled, the claim is generally over and we are not able to take it.

Sources

1. RCW 4.20.010, wrongful death action (app.leg.wa.gov)
2. Washington RPC 1.16, declining or terminating representation (courts.wa.gov)
3. RCW 4.20.020, wrongful death beneficiaries (app.leg.wa.gov)
4. RCW 4.20.046, survival of actions (app.leg.wa.gov)
5. RCW 4.20.060, personal injury action survives death (app.leg.wa.gov)
6. RCW 4.24.010, action for injury or death of a child (app.leg.wa.gov)
7. RCW 4.22.070, allocation of fault among entities (app.leg.wa.gov)
8. RCW 4.16.080(2), three-year limit for injury actions (app.leg.wa.gov)
9. RCW 4.96.020, local government claim and 60-day wait (app.leg.wa.gov)
10. RCW 4.92.100, claims against the State of Washington (app.leg.wa.gov)
11. Ross v. Scannell, 97 Wn.2d 598 (1982) (courtlistener.com)