Wrongful Death Lawyer

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Under Washington law, when a person dies as the result of another’s negligence, the personal representative of the decedent’s estate may be entitled to bring a wrongful death claim. See RCW 4.20.010. 

What is a Personal Representative? A personal representative is either the executor or administrator of the decedent’s estate. The main difference between the two is how they were appointed. An executor is named in the will of a decedent. An administrator is appointed by a court when the decedent dies without a will (known as dying “intestate”). 

Whether the personal representative is appointed by will or by a court, their duties remain the same. The personal representative is responsible for managing the legal and financial affairs of the decedent, and ultimately distributing the decedent’s assets to the appropriate beneficiaries.  

Who are the Beneficiaries? Beneficiaries are the surviving family members legally entitled to the proceeds of the decedent’s wrongful death claim. The beneficiaries are determined by law, See RCW 4.20.020, and are: 

1. Spouse

2. Registered Domestic Partner

3. Children (including stepchildren)

If there is no surviving spouse, registered domestic partner, or children (or stepchildren), then the parents or siblings may be beneficiaries.  

Like other personal injury claims, there is a time limit to bring legal action for a wrongful death case in Washington State. In most cases, the statute of limitations will be three years from the date of the incident leading to the death. However, in some cases, the statute of limitations may be longer or shorter depending on the specific facts of the case.

If the personal representative of the decedent's estate fails to either settle the case or file a lawsuit against the correct defendant before the statute of limitations lapses, they will be barred from receiving compensation.  This is why it is important to consult with an experienced wrongful death lawyer as soon as possible to ensure you do not miss any important deadlines that will affect your case or prevent you from recovering.