Seattle Wrongful Death Lawyers
The sudden loss of a spouse, child, or family member is more than just an emotional tragedy; it can create overwhelming financial and legal challenges. When that loss is caused by negligence, recklessness, or intentional harm, Washington law allows surviving family members to seek justice through a wrongful death claim.
Our lawyers at The Cochran Firm Seattle recognize that no amount of money can bring back your loved one. But pursuing a wrongful death lawsuit can provide closure, ensure accountability, and protect your family’s financial future. Our experienced Seattle wrongful death attorneys have dedicated their careers to helping families like yours seek justice and secure the financial compensation needed to move forward.
What is Considered Wrongful Death in Washington State?
Under Washington law, a wrongful death occurs “when the death of a person is caused by the wrongful act, neglect, or default of another person.” In simpler terms, if someone’s negligence, recklessness, or intentional actions led to your loved one’s death, you may have the right to pursue a wrongful death claim. This legal definition covers a wide range of situations where someone's negligent or intentional actions directly result in another person's death. To successfully pursue a wrongful death claim in Washington, four elements must be established:
- Duty of Care: The defendant owed a legal duty to act with reasonable care toward the deceased.
- Breach of Duty: The defendant failed to uphold that duty through action or inaction.
- Causation: The defendant’s breach directly caused or substantially contributed to the death.
- Damages: The death resulted in measurable losses, both financial and emotional, for surviving family members.
Who Can File a Wrongful Death Lawsuit in Washington?
Washington State law is specific about who has the legal standing to file a wrongful death lawsuit. According to Washington's wrongful death statute, the personal representative of the deceased person's estate must file the lawsuit on behalf of the beneficiaries. The beneficiaries who can recover damages include:
Primary Beneficiaries
The following family members have the first right to recover damages:
- Surviving spouse or state-registered domestic partner
Children, including stepchildren
Secondary Beneficiaries
If no spouse or children exist, other relatives may qualify, including:
- Parents of the deceased
- Siblings who were financially dependent on the deceased
- Other financially dependent relatives living in the United States
If the deceased person named a personal representative in their will, that individual typically serves in this role. If no will exists or the named representative cannot serve, the court will appoint someone to fulfill these duties.
Common Causes of Wrongful Death in Seattle
Wrongful death can result from many types of accidents and incidents. When a fatal outcome occurs, surviving family members may have the right to pursue a wrongful death lawsuit in addition to any personal injury claim the deceased might have had. Our Seattle wrongful death lawyers have extensive experience handling cases involving:
Motor Vehicle Accidents
Fatal crashes involving cars, trucks, motorcycles, and pedestrians are often caused by drunk driving, distracted driving, speeding, or reckless behavior.
Medical Malpractice
While many medical malpractice claims involve serious injuries, some medical errors are so severe that they cost a patient their life. A missed diagnosis of cancer, a surgical error, or failure to monitor a patient after treatment can rise to the level of wrongful death if the negligence directly caused death rather than just prolonged illness.
Workplace & Construction Accidents
Falls from heights, heavy machinery failures, and unsafe working conditions often cause catastrophic injuries on Seattle’s construction sites and industrial facilities. When those injuries prove fatal, Washington law allows families to pursue a wrongful death claim against third parties responsible for unsafe conditions.
Defective or Dangerous Products
Faulty consumer products, unsafe medical devices, and defective pharmaceuticals can lead to preventable deaths. Surviving family members may file a wrongful death lawsuit against the manufacturer, distributor, or retailer.
Premises Liability Accidents
Property owners in Washington have a duty to maintain safe conditions. Fatal slip-and-falls, fires, drownings, and unsafe security conditions may give rise to wrongful death claims.
Nursing Home Abuse & Neglect
When seniors suffer from inadequate care, malnutrition, medical neglect, or abuse in nursing homes or assisted living facilities, families may pursue justice. While some elder neglect cases involve ongoing suffering, others tragically cross into wrongful death when the negligence causes a resident’s death.
Maritime & Boating Accidents
Given Seattle’s strong connection to maritime industries and recreational boating, accidents on commercial vessels, ferries, or private boats can happen. When negligence causes a fatal incident, families may file a wrongful death claim under state law or federal maritime law.
Aviation Accidents
Small plane crashes, helicopter accidents, and aviation negligence can result in catastrophic loss of life. When those crashes are linked to pilot error, mechanical failure, or negligent maintenance, the case is treated as wrongful death because lives were lost due to preventable causes.
Violent Crimes & Intentional Acts
Assaults, shootings, and other violent acts not only lead to criminal prosecution but can also form the basis of a civil wrongful death lawsuit. Even if criminal charges are not filed or a conviction isn’t obtained, families can still pursue damages through civil court.
Compensation Available in Wrongful Death Cases
While no amount of money can truly compensate for the loss of a loved one, Washington law recognizes that families suffer significant financial and emotional losses that deserve compensation. Damages in wrongful death cases fall into these categories:
Economic Damages
- Medical expenses related to the final illness or injury
- Funeral and burial costs
- Lost wages and benefits the deceased would have earned
- Loss of inheritance
- Value of household services the deceased provided
Non-Economic Damages
- Loss of love, companionship, and emotional support
- Loss of guidance and counsel
- Loss of care and protection
- Pain and suffering of surviving family members
Unlike some states, Washington law does not allow punitive damages in wrongful death cases. The focus is on fairly compensating families for their losses.
Steps to Filing a Wrongful Death Lawsuit in Washington
Knowing what to expect in your wrongful death lawsuit can make the process less intimidating and help your family move forward with confidence. Our Seattle wrongful death lawyers guide clients through every stage of a claim, from investigation to trial if necessary.
- Free Consultation With A Wrongful Death Attorney
At the beginning of your lawsuit, a wrongful death attorney will meet with you to discuss the circumstances of your loss. In this free consultation, your attorney will be explain wether Washington Law gives you the right to pursue a wrongful death claim.
- Investigation
We gather accident reports, medical records, photographs, video evidence, and witness statements. In some cases, we consult with doctors, accident reconstruction experts, or workplace safety specialists to prove how negligence caused your loved one’s death.
- Filing the Lawsuit
In Washington, the lawsuit must be filed by the personal representative of the estate. If your loved one didn’t have a will naming someone for this role, the court can appoint a family member. We prepare and file the necessary paperwork for you so nothing gets overlooked.
- Discovery
Both sides exchange evidence during a stage called “discovery.” This may involve depositions and expert testimony.
- Settlement or Trial
Most wrongful death cases in Seattle resolve through settlement negotiations. If the defendant’s insurance company offers fair compensation, your case can be resolved without a trial. But if they refuse to take responsibility, we’re ready to present your case to a jury and fight for the justice your family deserves.
How Long Do I Have to File a Wrongful Death Lawsuit in Washington?
In Washington State, families generally have three years from the date of death to file a wrongful death lawsuit, as set out in Washington law. Missing this deadline usually means the court will dismiss your case, no matter how strong it may be.
There are limited exceptions, such as cases where the cause of death wasn’t discovered right away, or when a government agency is involved. Because the rules can be detailed, speak with a Seattle wrongful death lawyer as soon as possible to protect your rights.
Why Choose The Cochran Firm Seattle for Your Wrongful Death Case?
The Cochran Firm’s Tacoma office proudly serves Seattle and communities throughout Western Washington, bringing families the strength of a nationally recognized law firm founded by Johnnie Cochran and the insight of attorneys who know our state’s wrongful death laws. With both the resources of one of the country’s leading trial firms and the local knowledge of Washington courts, we provide compassionate support and aggressive advocacy to help families secure justice and full compensation after a wrongful death.
Contact Our Wrongful Death Attorneys Today
Losing a loved one is one of the most challenging experiences a family can face. At The Cochran Firm, our team in Tacoma proudly represents families in Seattle and throughout the state. We are here to listen, guide, and fight for the answers and compensation your family needs. With free consultations and no fees unless we win, you can focus on healing while we handle the legal process. Call us now at 1-800-THE-FIRM or complete our online contact form to speak with an experienced wrongful death lawyer today.
Wrongful Death Questions & Answers
Washington law requires that the claim be filed by the personal representative of the deceased’s estate. Eligible beneficiaries include a surviving spouse or registered domestic partner, children (including stepchildren), and, in some cases, parents or financially dependent siblings.
Families may recover economic damages (medical bills, funeral expenses, lost wages, loss of services) and non-economic damages (loss of companionship, guidance, and emotional support). Washington does not allow punitive damages in wrongful death cases.
Washington follows a comparative negligence rule, which means that even if your loved one was partially at fault, you may still be able to recover damages. The compensation would be reduced by the percentage of fault attributed to the deceased.
Yes. Criminal charges and civil wrongful death claims are separate legal matters with different standards of proof. You can pursue a wrongful death claim even if no criminal charges were filed.
At The Cochran Firm Seattle, hiring us costs nothing upfront. We handle wrongful death cases on a contingency fee basis, which means our fee is a percentage of the recovery we receive for you. If we don’t win compensation through a settlement or verdict, you owe us nothing. This structure ensures every family has access to legal representation without worrying about hourly rates or out-of-pocket costs.
If there's no will, the court will appoint a personal representative to handle the wrongful death claim. This is typically a close family member who can act on behalf of the estate and beneficiaries.