In Washington, only the court-appointed Personal Representative of the deceased person's estate has the legal authority to file a wrongful death lawsuit. While the Personal Representative files the claim, they do so on behalf of the specific family members (the beneficiaries) who are entitled to receive compensation under state law.
This creates a two-part structure that is sometimes confusing. The person who files the suit may not be the same person who ultimately benefits from it.
If you have questions about who should act as the Personal Representative in your family’s situation, call Pendergast Law at (206) 620-0707. We will clarify the next steps.
Key Takeaways for Washington Wrongful Death Lawsuits
- Only the court-appointed Personal Representative files the lawsuit. This person acts on behalf of the eligible family members (beneficiaries), who are the ones that receive the compensation.
- Washington law specifies who receives compensation in a two-tier system. The surviving spouse, domestic partner, and children are first-tier beneficiaries; if none exist, parents and siblings (second-tier) may recover damages.
- The statute of limitations is a strict three-year deadline. In most cases, a lawsuit must be filed within three years from the date of death, or the right to seek justice is permanently lost.
The Central Role of the Personal Representative
When a person passes away, their legal and financial affairs become part of an "estate." Because the person no longer speaks for themselves, the law requires one individual to act as their legal voice. In a wrongful death claim, this person is the Personal Representative.
Think of the Personal Representative as the captain of a ship, steering the legal case on behalf of the passengers (the family members, or beneficiaries) who have suffered the loss. This individual is formally appointed by a Washington court to manage the deceased person’s estate and is the only one with the authority to initiate a wrongful death action under the state statute, RCW 4.20.010.
Who Can Be Appointed as the Personal Representative?
The process of appointing a Personal Representative depends on whether your loved one had a will.
- If there was a will: The deceased person likely named an "executor" in their will to handle their affairs. This person is typically the court's first choice to be appointed as the Personal Representative.
- If there was no will: The court will appoint someone based on a priority list established by law. This list usually starts with the surviving spouse or domestic partner, followed by adult children, parents, and then siblings.
- If family cannot agree: In some situations, family members may be unable to agree on who should take on this role, or they may all be too overcome with grief to serve. In these cases, a court might appoint a neutral third party to act as the Personal Representative.
What Does the Personal Representative Do in a Lawsuit?
The Personal Representative has several formal duties in a wrongful death claim. They are responsible for:
- Filing the lawsuit: They are the only party legally permitted to initiate the claim against the person or entity responsible for the death.
- Acting for the beneficiaries: While they file the suit, they do not act for their own benefit alone. They represent the interests of all eligible family members as defined by law.
- Managing the legal process: They are the point person who works with the attorneys to gather evidence, communicate with the legal team, and make decisions about the case, such as whether to accept a settlement offer. Every decision must be made with the beneficiaries' best interests in mind.
At Pendergast Law, we handle the court filings to have a Personal Representative appointed and guide them through every step of their duties. This ensures all legal requirements are met properly, allowing the family to focus on what matters most.
Who Receives Compensation? Washington’s Two Tiers of Beneficiaries
While the Personal Representative is the one who files the claim, Washington law is very specific about who is eligible to receive the financial compensation, or "damages."
The law, detailed in RCW 4.20.020, creates two levels, or "tiers," of beneficiaries. The existence of a beneficiary in the first tier directly affects the legal rights of those in the second tier.
First-Tier Beneficiaries: The Immediate Family
This is the primary group Washington law seeks to protect. They are considered the most directly affected by the loss and have the first right to recovery. This group includes:
- The surviving spouse or state-registered domestic partner.
- Surviving children or stepchildren.
If a person who died is survived by anyone in this first tier, the wrongful death lawsuit is filed for their exclusive benefit. Any compensation recovered from the claim will be distributed among these immediate family members.
Second-Tier Beneficiaries: When Parents and Siblings May Recover Damages
This is where a significant and relatively recent change in Washington law has brought justice to many families who were previously left without recourse.
- The Old Rule: Before 2019, parents and siblings could only file a claim if they were financially dependent on the person who died and resided in the United States. This created heartbreaking situations where, for example, the parents of a recent high school graduate killed by a negligent driver had no legal standing to seek justice because their child did not yet support them financially.
- The New Rule (Post-2019): Thanks to a legislative amendment, this is no longer the case. Now, if there are no first-tier beneficiaries (meaning no surviving spouse, domestic partner, or children), the parents and siblings of the deceased have a right to bring a claim.
What if There Are Beneficiaries in Both Tiers?
If a person is survived by both a spouse or child (first tier) and parents or siblings (second tier), the lawsuit is primarily for the benefit of the first tier. The law prioritizes the needs of the surviving spouse and children.
However, this doesn't mean parents and siblings are left with no options. In these more complicated situations, it may still be possible for second-tier beneficiaries to file a claim for their own distinct losses. A discussion with an attorney will clarify how this might apply to your family's specific circumstances.
Washington’s Three-Year Filing Deadline
The law sets a firm deadline for filing a lawsuit, known as a statute of limitations. If you miss this deadline, the court will almost certainly refuse to hear your case, no matter how clear the evidence of fault is.
In Washington, the statute of limitations for most wrongful death actions is three years from the date of the person's death. This is defined in the state code, RCW 4.16.080(2).
When Does the Three-Year Clock Start?
The clock begins on the day your loved one passed away. For example, if your family member died in a car accident on November 1, 2025, the Personal Representative for their estate would have until November 1, 2028, to formally file a lawsuit.
Is It Ever Possible to File After Three Years? The "Discovery Rule"
There are very few exceptions to this three-year deadline, but one is the discovery rule. This rule acknowledges that sometimes the cause of a death is not immediately obvious. The discovery rule pauses the three-year clock until the surviving family members knew, or reasonably should have known, that the death was caused by someone's negligence.
For example, imagine a patient dies after a routine surgery, and the cause is listed as a heart attack. Two years later, a medical device used in that surgery is recalled because of a fatal defect that was hidden from the public. The discovery rule might allow the family to file a claim even if the three-year deadline is approaching, because the true cause of the wrongful death was not discoverable right away.
The Statute of Limitations for Minor Children
Unlike in many other states, Washington law does not pause the three-year statute of limitations for minor children who have lost a parent. The three-year countdown starts from the date of the parent's death, regardless of the child's age. This makes timely action particularly important to protect the rights of children who are beneficiaries.
What Your Family May Recover: Understanding Wrongful Death Damages
No amount of money can ever replace your loved one, but the legal system provides a measure of justice and financial relief for the harms your family has endured. The compensation available in a wrongful death claim is referred to as "damages." These damages are intended to restore the financial stability that was taken from your family and to acknowledge the immeasurable personal losses you have suffered.
Economic Damages: The Tangible Financial Losses
These are the direct, calculable financial costs that resulted from the death. They are meant to put your family back in the financial position they would have been in had your loved one survived.
Examples include:
- Lost income and future earnings: This includes the wages, benefits, and retirement contributions your loved one would have earned over their expected lifetime.
- Medical bills: The cost of any medical care your loved one received for their injuries between the time of the incident and their death.
- Funeral and burial expenses: The reasonable costs associated with a funeral, burial, or cremation service.
- Loss of inheritance: The value of the assets the deceased would have likely accumulated and passed on to their heirs had they lived a full life.
Non-Economic Damages: The Intangible Human Losses
These damages are meant to compensate for the deep emotional and relational losses that do not come with a price tag. While they are harder to quantify, they are just as real.
They include compensation for:
- Loss of companionship, love, and consortium: For the loss of the relationship itself, such as the guidance of a parent, the partnership of a spouse, and the unique bond with a child or sibling.
- Pain, suffering, and grief of the beneficiaries: This acknowledges the emotional anguish the surviving family members endure.
- Loss of care, guidance, and nurturing: This is especially relevant for surviving children who have lost the daily support and wisdom of a parent.
A Key Advantage in Washington: No Caps on Non-Economic Damages
Many states place a legal limit, or "cap," on the amount of non-economic damages a family may receive in a wrongful death case. Washington is different.
Washington does not cap these damages. This is a significant factor in our state's wrongful death law. It allows a jury to award a financial sum that truly reflects the full scope of your family's loss, without an arbitrary legal limit interfering with a just outcome.
Frequently Asked Questions About Washington Wrongful Death Claims
Can unmarried partners file a wrongful death lawsuit?
Yes, if you were in a "state-registered domestic partnership," you have the same rights as a married spouse and are considered a first-tier beneficiary. For committed but unregistered partners, the situation is more complicated and depends heavily on the specific circumstances of your relationship. We advise discussing this with an attorney.
What if the person who died was partially at fault?
Washington follows a "comparative fault" rule. This means your family may still recover damages even if your loved one was partially to blame for the incident. The total compensation award will be reduced by the percentage of fault assigned to your loved one.
Does it matter that my sibling who died lived in Oregon, but the accident was in Seattle?
Generally, the wrongful death laws of the state where the fatal injury occurred will apply. In this example, Washington's laws would govern the claim because the accident happened in Seattle. We will clarify which state's laws apply in your specific situation.
A recent court case said the 2019 law change was retroactive. What does that mean?
The Washington Supreme Court decision in Kellogg v. Nat’l R.R. Passenger Corp. (2022) confirmed that the 2019 law change could be applied retroactively. This means parents and siblings may be able to file claims for deaths that occurred even before the 2019 law was passed, as long as the three-year statute of limitations had not expired when the law took effect.
How much does it cost to hire Pendergast Law for a wrongful death claim?
We handle wrongful death cases on a contingency fee basis. This means you pay no upfront costs for our legal services. Our fee is a percentage of the financial recovery we secure for your family. If we do not win your case, you owe us nothing.
Your Next Step Toward Holding Them Accountable
The legal requirements—appointing a Personal Representative, identifying the correct beneficiaries, and meeting the unforgiving three-year deadline—are not responsibilities you should have to manage alone. That is our role. The team at Pendergast Law manages the entire legal process so your family may focus on healing.
Call Pendergast Law today for a direct, confidential conversation about your family's situation. We will answer your questions and explain your options in plain language. Your call is free, and there is no obligation. Call us at (206) 620-0707.