When a Death Was Caused by Someone Else’s Negligence
There is no version of this page that makes the loss smaller. What the law can do is narrower and more practical: it can hold the responsible party accountable and provide for the people the person supported.
We handle these cases with discretion. There is no pressure to decide anything during a first conversation.
Washington Law Changed in 2019 — and It Changed Substantially
For decades, Washington’s wrongful death statutes were among the most restrictive in the country. Substitute Senate Bill 5163, effective July 28, 2019, changed that.
Under RCW 4.20.020, a spouse, registered domestic partner, and children — including stepchildren — have first priority to recover.
Where there is no spouse, partner, or child, parents and siblings may now recover — and this is the significant change:
| Requirement | Before SSB 5163 | After July 28, 2019 |
|---|---|---|
| Financial dependence on the decedent | Required | No longer required |
| Residency in the United States | Required | No longer required |
Both barriers were removed. Families previously told they had no claim — particularly families with members living outside the United States — may have one now. The legislature made the change remedial and retroactive, applying to all claims not already time-barred.
What May Be Recovered
Washington recognizes two related but distinct actions:
Wrongful death under RCW 4.20.020 compensates the beneficiaries for their own losses — financial support the decedent provided, and the loss of love, companionship, and the relationship itself.
Survival actions under RCW 4.20.046 compensate the estate for what the decedent experienced: economic losses, plus their pain and suffering, anxiety, emotional distress, and humiliation before death.
Where a child has died, RCW 4.24.010 allows a parent or legal guardian to recover. SSB 5163 replaced the old financial-dependence test for adult children with a “significant involvement” standard — demonstrated emotional, psychological, or financial support within the parent-child relationship at or near the time of death. Each parent may recover for their own loss regardless of marital status.
Washington places no cap on noneconomic damages (Sofie v. Fibreboard Corp., 112 Wn.2d 636 (1989)).
Deadlines
The three-year limit under RCW 4.16.080(2) generally applies. Where a government entity is involved — a municipal vehicle, a road design claim, a public hospital — a tort claim form must be presented first, followed by a mandatory 60-day wait under RCW 4.96.020 or RCW 4.92.110.
A wrongful death action is brought by the personal representative of the estate. If no estate has been opened, that step comes first — and it is work this office already does. Our probate and estate administration practice handles the appointment, so a grieving family is not sent to a second firm to get standing to file.
A Practical Note on Taxes
Compensation for wrongful death arising from physical injury is generally excluded from gross income under IRC § 104(a)(2). Punitive damages and interest are generally taxable, with a narrow exception under IRC § 104(c) for states whose wrongful death statutes permit only punitive damages. As a tax practice, we address allocation during negotiation rather than leaving it to the following spring.
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