Wrongful Death

A survivor's or beneficiary's right under state law to recover for the wrongful death of a family member is generally governed by RCW 4.20.010 and .020 (Wrongful Death Statutes), RCW 4.20.046 (General Survival Statute) and RCW 4.20.060 (Personal Injury Survival Statute). The wrongful death action must be brought by the personal representative of the estate, and can be brought only for the benefit of the spouse or children, including stepchildren, of the decedent. If the decedent had no wife or husband or children, the action may be maintained for the benefit of any parents, sisters or brothers, who may be dependent upon the deceased person for support, and who are resident within the United States at the time of the death.

The wrongful death action may allow the personal representative to recover for the beneficiaries not only the monetary contributions the decedent would have made to the beneficiaries, but also intangible losses; although no damages may be awarded for grief or bereavement, an award is authorized for the loss of love, affection, care, service, companionship, society, training, and consortium the decedent would have provided to the beneficiaries.

Wrongful death claims arising on vessels in navigable waters of the United States are governed by the federal maritime law, and are distinguishable from shoreside deaths in that respect.

A part of any personal injury practice is the prosecution of wrongful death claims on behalf of the families of persons who have lost their lives as a result of the negligence of others. The attorneys at Kraft Palmer Davies PLLC have substantial experience representing such family members and are fully qualified to protect the surviving family members' interests.