By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Lost a family member in Washington?
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The first weeks: what families can do
- Get certified copies of the death certificate and the report number from the State Patrol, police or sheriff.
- Plan for a personal representative. In Washington the wrongful death case is brought by the personal representative of the estate (RCW 4.20.010), so someone will need to be appointed through probate.
- Keep the evidence: the vehicle, phone, clothing, photos and witness names. Ask businesses in writing to save their video.
- Do not sign a release or give a recorded statement to an insurer before you know who holds the claims.
- If a public agency may be involved, start the claim form early. The lawsuit cannot be filed until 60 days after the claim is presented.
Who benefits from a Washington wrongful death claim
When a death is caused by the wrongful act, neglect or default of another, the personal representative may sue for the economic and noneconomic damages the beneficiaries sustained (RCW 4.20.010). The beneficiaries are (RCW 4.20.020):
- the spouse or state registered domestic partner, and the children, including stepchildren;
- if there are none, the parents or siblings.
What changed in 2019. Before 2019, parents and siblings could recover only if they depended on the person for support and lived in the United States at the time of death. The Legislature removed both requirements and, for parents suing over an adult child’s death, replaced the dependence test with a “significant involvement” standard (Final Bill Report, SSB 5163 (2019)). The 2019 law is remedial and retroactive and applies to all claims not time-barred, and to claims pending on July 28, 2019 (note to RCW 4.20.010).
Parents of a child. A parent or legal guardian who regularly contributed to a minor child’s support, or who had significant involvement in an adult child’s life, can bring a claim for the child’s death. An adult child’s claim is available only if the child had no spouse, domestic partner or children. Each parent recovers for his or her own loss, and a parent who sues must notify the other parent, who then has 20 days to join (RCW 4.24.010). See who can file a wrongful death lawsuit.
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Survival claims: pain and suffering is recoverable
Washington has two survival statutes. Under the general one, the personal representative can recover the estate’s economic losses and, for the beneficiaries, noneconomic damages for pain and suffering, anxiety, emotional distress or humiliation personal to and suffered by the person who died (RCW 4.20.046(2)). The special survival statute allows the same kind of damages for the spouse or partner and children, or else the parents or siblings (RCW 4.20.060).
This is a real difference from California, where newly filed cases can no longer recover the person’s pain before death. See survival actions and wrongful death.
Damages, fault and punitive damages
Damages. The trier of fact may award damages that are just under all the circumstances of the case (RCW 4.20.020). Since 2019 the statute expressly covers both economic and noneconomic losses of the beneficiaries (RCW 4.20.010). For parents of a child, the statute lists the loss of love and companionship, loss of emotional support, and injury to or destruction of the parent-child relationship (RCW 4.24.010). See wrongful death damages.
No punitive damages. The Washington Supreme Court follows a long-standing rule prohibiting punitive damages without express legislative authorization (Dailey v. North Coast Life Ins. Co., 129 Wn.2d 572 (1996)). The wrongful death statutes do not authorize them.
Fault. A claimant’s contributory fault reduces the award proportionately but does not bar recovery (RCW 4.22.005). In a wrongful death action, the fault of the person who died is imputed to the claimant (RCW 4.22.020). Fault can be spread across several people, as a Pierce County jury did in October 2026 in a civil trial over a 2023 crash at SR 509 and Alexander Avenue in Tacoma that killed six people in a Kia. Jurors awarded about $10.7 million to the relatives and estates of five of them, divided fault among both drivers, a surviving passenger and a company tied to the BMW’s owners, and rejected the claims against the City of Tacoma and WSDOT.
Deadlines and claims against the government
Three years. Actions for injury to the person or rights of another must be started within three years (RCW 4.16.080(2)). Washington courts have said a wrongful death action accrues at the time of death, as long as the person still had a viable claim at death; if the person’s own injury claim had already expired, the wrongful death claim fails too (Deggs v. Asbestos Corp., 186 Wn.2d 716 (2016)). See Washington wrongful death statute of limitations.
Local governments. A claim against a city, county or other local entity goes to the agent the entity appointed, on the standard tort claim form or the local form, within the limitations period. No suit can be filed until 60 calendar days after the claim is presented, and the limitations period is paused for those 60 days (RCW 4.96.020).
The state. Claims against the state go to the Office of Risk Management in the Department of Enterprise Services, with the same 60-day wait (RCW 4.92.110).
Work deaths. Washington’s industrial insurance system replaces civil suits against the employer for workplace injuries, except as that title provides (RCW 51.04.010). A claim against a third party, such as another contractor or a negligent driver, can remain. See our guide to Washington work injury third-party claims.
How deaths happen and Washington’s numbers
Preliminary Washington Traffic Safety Commission data count 659 traffic deaths in 2025, down 10.5% from 2024 and 18% from 2023, when 809 people died, a 33-year high. In 2025, 148 pedestrians and 103 motorcyclists were killed, crashes with a speeding driver killed 189 people, and crashes with a distracted driver killed 103 (WTSC, 2025 preliminary data).
On November 4, 2026, a woman riding as a passenger in a pickup was killed on SR 24 near Moxee after, according to the State Patrol, the pickup drifted into oncoming traffic and collided with two semi-trucks. A passenger’s family can have a claim against the driver of the vehicle she was riding in, as well as against others.
Our Washington pages cover car accidents, truck accidents, motorcycle accidents, pedestrian accidents, Uber and Lyft accidents, slip and fall injuries and dog bites. Local pages: Tacoma and Seattle car accidents.
Washington, California and Texas compared
| State | Who brings the case | Deadline to sue | The person’s own pain before death | Punitive damages | Claim against a government |
|---|---|---|---|---|---|
| California | Spouse or domestic partner, children and issue of deceased children; others in set cases (CCP § 377.60) | 2 years (CCP § 335.1) | Not recoverable in cases filed on or after Jan. 1, 2026 (CCP § 377.34) | Not in the wrongful death claim, except after a felony homicide conviction; possible in the survival claim (Civ. Code § 3294(d)) | Written claim within 6 months (Gov. Code § 911.2) |
| Texas | Spouse, children and parents; the executor or administrator after 3 months (CPRC § 71.004) | 2 years from the death (CPRC § 16.003(b)) | Recoverable through the survival claim (CPRC § 71.021) | For gross negligence or a willful act, capped unless a listed felony (§ 71.009; § 41.008) | Notice within 6 months, or sooner under a city charter (CPRC § 101.101) |
| Washington | The personal representative, for spouse or partner and children, or else parents or siblings (RCW 4.20.020) | 3 years (RCW 4.16.080(2)) | Recoverable (RCW 4.20.046; RCW 4.20.060) | Not allowed unless a statute authorizes them (Dailey) | Claim form, then a 60-day wait (RCW 4.96.020; RCW 4.92.110) |
Washington gives the most time to sue and lets the estate recover the person’s pain before death, but it does not allow punitive damages.
Related pages
- California wrongful death lawyer
- Texas wrongful death lawyer
- Washington wrongful death statute of limitations
- Washington work injury third-party claims
- Comparative fault in California, Texas and Washington
- Areas we serve in Washington
Common questions
How long do we have to file a wrongful death lawsuit in Washington?
Generally three years (RCW 4.16.080(2)), counted from the death if the person still had a viable claim at that time (Deggs v. Asbestos Corp., 186 Wn.2d 716 (2016)). A claim against a local government or the state adds a 60-day wait, during which the deadline is paused (RCW 4.96.020, 4.92.110).
Can parents or siblings recover if the person who died was an adult?
Yes, if there is no spouse, registered domestic partner or child. Since 2019 they no longer have to show financial dependence or U.S. residence (RCW 4.20.020).
Who actually files the lawsuit?
The personal representative of the estate (RCW 4.20.010). Parents suing for the death of a child under RCW 4.24.010 can bring their own claim.
Can we recover for our loved one’s pain before death?
Yes. The survival statutes allow damages for pain and suffering, anxiety, emotional distress or humiliation personal to the person who died (RCW 4.20.046, 4.20.060).
Are punitive damages available in Washington?
Generally no. Washington does not allow punitive damages unless a statute expressly authorizes them (Dailey v. North Coast Life Ins. Co., 129 Wn.2d 572 (1996)).
Does our loved one’s own fault matter?
Yes. In a wrongful death action the decedent’s fault is imputed to the claimant (RCW 4.22.020), and it reduces the award proportionately without barring it (RCW 4.22.005).
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Sources
- RCW 4.16.080
- RCW 4.20.010
- RCW 4.20.020
- RCW 4.20.046
- RCW 4.20.060
- RCW 4.24.010
- RCW 4.22.005
- RCW 4.22.020
- RCW 4.96.020
- RCW 4.92.110
- RCW 51.04.010
- Final Bill Report, SSB 5163 (2019), Laws of 2019, ch. 159
- Dailey v. North Coast Life Ins. Co., 129 Wn.2d 572 (1996)
- Deggs v. Asbestos Corp., 186 Wn.2d 716 (2016)
- Washington Traffic Safety Commission, 2025 preliminary traffic deaths (May 19, 2026)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.