Wrongful Death

Helping Washington families gain a sense of justice when wrongdoers take a life

We balance your need to grieve with the need to hold the responsible parties accountable. Our Vancouver wrongful death attorneys offer honest, ethical counsel and long-range support. Contact us today if you need help.

What is a wrongful death claim?

When a loved one’s death was wrongfully caused by the negligent, reckless, or intentional acts of another, beneficiaries can file a wrongful death lawsuit. We understand that these claims can be emotionally difficult for our clients, especially when their grief is so new and so raw. We also understand that most people aren’t thinking about money; they’re focused on the loss of their loved one.

However, there are often financial problems that come with losing a family member and provider. There are the medical and funeral expenses, lost wages of those grieving, loss of future earnings of the deceased, and loss of companionship and services. Although no amount of money can compensate for the incredible loss the victim’s loved ones are experiencing, obtaining monetary compensation eases the financial stress and anxiety which survivors experience as a result of added expenses or a decrease in family income.

There are generally two types of claims when a loved one dies:

• A wrongful death action. This is a claim on behalf of beneficiaries authorized by the state statutes for economic and non-economic damages.
• A survival action. This is a claim brought on behalf of the decedent – as if the decedent had survived the accident. The damages are paid to the approved beneficiaries.

In Washington, these wrongful death claims must generally be brought within three years of the date of the death.

Who are the beneficiaries in a wrongful death claim in Washington?

The beneficiaries differ depending on whether the victim was an adult or a child.

Adult victims

When an adult dies, the beneficiaries, according to RCW 4.20.010 and RCW 4.20.020, are:

• The spouse
• A registered domestic partner
• A child or children, including stepchildren

If the decedent wasn’t married, didn’t have a domestic partner, and didn’t have children, then the beneficiaries are the parents or siblings of the deceased accident victim.

A minor child

RCW 4.24.010 provides that: “A parent or legal guardian who has regularly contributed to the support of his or her minor child, and a parent or legal guardian who has had significant involvement in the life of an adult child, may maintain or join as a party an action as plaintiff for the injury or death of the child.”

Seeking wrongful death damages in Washington

The damages you can seek depends on whether the victim was an adult or child:

• Adult victims. The damages include economic and non-economic losses such as:
  • The loss of the financial support, services, and goods the decedent would have provided the beneficiary had the decedent lived
  • The loss of consortium for spouses
  • The loss of consortium for domestic partner
  • The value of the loss of love, guidance, services, companionship, and affection the decedent would have provided to the beneficiaries.
• Minor victims. The damages, per 20.010, include economic and non-economic losses such as:
  • Health care expenses
  • Loss of the child’s services
  • Loss of the child’s financial support
  • Loss of love and companionship of the child
  • Loss of the child’s emotional support
  • Injury to or destruction of the parent-child relationship
  • Other economic losses

Parents of adult children may qualify for children’s benefits if there is no spouse, registered domestic partner, or children.

Generally, the judge decides the amount each beneficiary is entitled to under the circumstances. If the case is settled, then the amount each beneficiary is entitled to receive should be resolved before the settlement.

How is a survival action handled?

RCW 4.20.060 provides that if a decedent died due to the fault of another, that the beneficiaries are the statutory beneficiaries (the people who are beneficiaries for the wrongful death claim) and not the heirs of the decedent’s estate. The damages include:

• Any medical and hospital bills
• The funeral expenses
• The “pain and suffering, anxiety, emotional distress, or humiliation personal to and suffered by the deceased”
• Any property damage

If an accident victim has a claim which wasn’t caused by the fault of another and dies before the claim is settled, RCW 4.20.046 provides that the beneficiaries are the people entitled to inherit through the decedent’s estate. These people are either the people named in the will or the people entitled to inherit through the intestate laws.

The damages include those damages that normally would be awarded in a personal injury claim such as medical bills, lost income, scarring and disfigurement, and pain and suffering.

What are the common causes leading to wrongful death claims in WA?

• Car, truck, and motorcycle. All vehicle accidents can kill a driver, a passenger, a pedestrian, or a bicycle rider. Head-on crashes and broadside collisions are especially dangerous. Truck accidents are more fatal than car accidents due to the weight, size, and dimensions of the truck. Motorcycle accidents are often deadly because the motorcycle doesn’t provide any protection for the driver.
• Workplace accidents. Workers who work with heavy machinery, on scaffolds or ladders in construction, and with dangerous chemicals are especially prone to workplace deaths. Falls or being struck by an object are also common causes of deaths in the workplace. The families of employees file workers’ compensation claims. The families of non-employees file wrongful death cases.
• Premises liability. Property owners have a duty to keep their floors and other parts of their stores or operations safe so that anyone rightfully on the property doesn’t fall or get struck by an object. Drowning claims are considered premises liability claims, as are fatal animal attacks.
• Product defects. Electronic products, cars, trucks, consumer products, toys, and other defective products can kill anyone who uses them or is nearby. The manufacturers, distributors, and sellers may be strictly liable when a wrongful death case is filed.

Additional considerations in wrongful death cases in Washington State

There are many ways that wrongful death claims are different than other personal injury claims. In wrongful death cases:

• Washington has rules that limit what the defendants can testify to because the victim isn’t in court to challenge what the defendant has to say.
• Normally, professionals are called in to file reports and testify as to the value of the economic losses (how much the decedent would have earned) and also as to the value of such intangibles as loss of services and companionship.

The interests of the beneficiaries may vary which can complicate how the case is resolved. It is critically important that you work with an experienced Vancouver, WA wrongful death attorney when you file your claim. In this way, you can focus on your family and your healing process, leaving the intricate details up to us. We can ensure that you do not accept an unfair settlement, and that the negligent parties are held to account for their actions.

Philbrook Law offers compassionate counsel after the death of your loved one

We understand just how devastating the loss of a parent, child, spouse, or domestic partner is. At Philbrook Law, our Vancouver wrongful death lawyers guide families through this extremely difficult time. Our lawyers are often able to settle wrongful death cases when liability is fairly clear. We work aggressively to hold wrongdoers accountable in court if insurance companies are unreasonable. To schedule a consultation at one of our offices in Vancouver or Portland, OR, please call 360-695-3309 or fill out our contact form. These consultations are free, and all wrongful death claims are handled on contingency. We also serve clients in the greater Portland area and throughout Oregon.

Related Articles:

• • Why Drivers Must Be Very Careful Near Work Zones
  • What’s the Difference Between an Injury Lawsuit and a Wrongful Death Lawsuit?

Rated 5 Stars by Our Clients

Read firsthand accounts from the clients our personal injury attorneys have represented in complex personal injury claims.

“You will not be disappointed. After my first meeting with Matthew I felt confident they were the team for my case. Tiffany provided great communication and assistance during the info gathering phase and also throughout the settlement phase. Thank you so much for going the extra mile.”

“They were able to find his insurance. I highly recommend hiring Matt and Tiffany. They took all of the insurance stress off my shoulders so I could concentrate on helping my son who had many broken bones and surgeries.”

“I reached out to them and within minutes, we had a great conversation. You can tell how much they care about their clients. They also went above and beyond to get the best results for my situation. Would highly recommend. You won't find anyone better!”

“Amanda especially was such a huge help. They handled two back-to-back car accident settlements for me, and I couldn’t be more pleased with the outcome. The entire team was professional, responsive, and made the whole process smooth and stress-free. I truly appreciate their hard work and highly recommend them!”

“Not our fault! The other driver turned left in front of as after he was waved on by another driver. We both had minor to moderate injuries. Our Ford F150 Lightning became undriveable. We went to urgent care! One year later, we were having difficulty in reaching a settlement with the other drivers insurance company after they gave us a low offer. We felt we needed legal advice or assistance. We met with Tiffany Henson, who reviewed our case. She gave us the advice we needed to negotiate with the other insurance, rather than try to take it to court. Tiffany offered to review our letter and gave us further advise. After the insurance company reviewed our letter and statements they doubled the settlement amount and made all of the stipulations we had requested! We can not thank Tiffany enough for her caring personable attitude toward us. Her advise was right on and saved us from more anxiety and stress. If you have an injury accident do not hesitate to contact Philbrook attorneys. They will treat you right.”

“That’s how great these people are. Driving home one night in my shiny new car I was suddenly sandwiched inbetween 2 much larger vehicles. The damage didn’t seem like much at first, but ended up being four years of treatment & life long conservative care. I wasn’t a case that was easy to get treatment for and I felt very lost before I was recommended the Philbrook law team. I actually fired an attorney who had left me with more questions than answers and hired this office. It was the best choice I could have made for myself. They stood by me every step of the way. Thousands of questions and appointments all the way to discovery and settlements. I have recommended them to hundreds of people and will continue to at any given chance. Not once in 4 years did I question if I was in good hands. They really go above and beyond for their clients and I can’t thank them enough. I truly miss hearing from them. I’m sure not everyone can say that about their attorneys. Give them a call, you won’t regret it.”

“I had never needed to hire a lawyer for anything so I didn't know what to expect and I was nervous. Matt and his team were awesome. They helped me throughout the whole process with every question and concern. They were timely, knowledgeable, patient and courteous. I appreciate the hard work everyone contributed to my case and getting me a fair settlement.”

“They did everything to get what I deserved, They work for the best of my interest, and I really have the best experience with her, everyone in there is very polite and respectful. I hope that I will never have the need to hired them again but if I have to I will. If you're reading this review and you're looking a lawyer to represent you in a car accident matter, then don't look any further, they are the best.”

“My recovery treatment took well over a year and took up a lot of time outside of other life stuff. Once they took over my case, a huge weight was lifted from my shoulders and they took on all the burden from there on out. My insurance tried to settle for an absurdly low offer and Philbrook law got a settlement beyond my imagination. And they made it so quick and easy. I would recommend Philbrook law to anyone needing an accident lawyer. They were so efficient and stayed in touch through the whole process. Their whole team works hard to ensure people get the justice they deserve. Couldn't be happy with my settlement outcome!”

“It was very thoughtful, kind and helpful to have good advice, especially after asking another local firm and them not knowing what to do! I will definitely use this law firm in the future. Thank you!”

~ D. Pierce

by our clients

See All Reviews

×