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Wrongful death law covers civil claims brought when a person dies because of another party's negligence, reckless conduct, intentional act, or other wrongful behavior. In Tacoma, Washington, wrongful death claims are governed by Washington state law and handled in the courts that serve Pierce County. These claims are separate from any criminal prosecution that might follow a fatal incident. The person authorized to bring a wrongful death claim is typically the decedent's personal representative, and the claim seeks compensation for financial and non-financial losses suffered by surviving family members and dependents.
Wrongful death cases are legally and emotionally complex. A lawyer can help in many common situations, including:
- Fatal car or motorcycle crashes where another driver may be at fault.
- Medical malpractice resulting in a patient death.
- Workplace deaths where employer negligence, contractor conduct, or defective equipment may be responsible.
- Deaths caused by defective products, dangerous premises, or improper maintenance.
- Fatal acts of violence where civil liability is pursued in addition to criminal charges.
An experienced attorney can determine whether you have a valid claim, help identify all potentially liable parties, collect evidence, coordinate with investigators and experts, calculate fair damages, handle insurance companies, and represent your interests in settlement talks or at trial. Lawyers also ensure procedural requirements and deadlines are met, and they can advise how a wrongful death case interacts with workers' compensation benefits or criminal cases.
Key features of wrongful death law that apply in Tacoma include:
- Who brings the claim: Under Washington law, the decedent's personal representative typically files the wrongful death action on behalf of the survivors and the estate. The personal representative is often appointed by the probate court if not already named in the will.
- Eligible beneficiaries: Beneficiaries who may recover include the surviving spouse or state-registered domestic partner, children, and other dependents who suffer pecuniary loss because of the death. The distribution of damages follows statutory rules and the interests of those named by the personal representative.
- Survival actions vs wrongful death actions: Washington law allows two distinct claims after a fatal injury. A survival action lets the estate pursue the decedent's own claims that survived the death, such as medical expenses, lost earnings before death, and the decedent's pain and suffering. The wrongful death claim addresses losses suffered by the survivors, such as loss of financial support, loss of companionship, and funeral expenses.
- Statute of limitations: Time limits apply to wrongful death claims. In Washington, wrongful death and survival actions generally must be filed within a restricted time period after the death or after the discovery of the cause of death. The time limit can vary depending on circumstances and may be subject to exceptions. Because deadlines are strict, consulting a lawyer promptly is essential.
- Damages available: Compensatory damages commonly include funeral and burial expenses; loss of the decedent's income and benefits; loss of care, companionship, and guidance; and, through a survival action, the decedent's pain and suffering prior to death. Punitive damages may be available in rare cases involving willful or malicious conduct, subject to state standards and proof requirements.
- Comparative fault: Washington follows comparative fault rules, which can reduce a recovery if the decedent or a claimant is found partially at fault. A jury will typically assign fault percentages, and damages are reduced according to the assigned share of fault.
- Workers' compensation considerations: If a death is work-related, Washington's workers' compensation system often provides benefits to survivors. In many cases, workers' compensation is the exclusive remedy against the employer, which can limit or bar a civil wrongful death suit against the employer. However, survivors may still pursue third-party claims against parties other than the employer, and there are limited exceptions for employer liability in cases of intentional injury.
- Local courts and procedures: Wrongful death lawsuits arising in Tacoma are generally filed in Pierce County Superior Court. Cases may be resolved through settlement, mediation, or trial. Local court rules, evidence requirements, and procedural deadlines apply, so local experience can be beneficial.
In Washington, the decedent's personal representative normally files a wrongful death lawsuit on behalf of the estate and the statutory beneficiaries. If no personal representative is appointed, a spouse or other interested person may petition the probate court to be appointed before filing suit.
Survivors may recover economic losses such as lost financial support, loss of services, and funeral expenses. Non-economic damages can include loss of companionship and guidance. The estate, through a survival action, can also recover the decedent's pre-death pain and suffering and medical costs. Each case is fact-specific and must comply with state rules on distribution of damages.
Statute-of-limitations rules set strict deadlines for filing wrongful death and survival actions in Washington. Timelines depend on the facts of the case and possible tolling events. Because missing a deadline can bar recovery, contact an attorney promptly to preserve your rights.
No. Civil wrongful death claims are independent of criminal prosecutions. A criminal conviction can support a civil case but is not required. Civil claims use a lower burden of proof than criminal cases, so a plaintiff may prevail even if prosecutors decline to file charges or a defendant is acquitted.
If the death is work-related, survivors typically receive workers' compensation benefits. Workers' compensation often provides the exclusive remedy against the employer, which can prevent a civil suit against the employer. Survivors can, however, pursue third-party claims against other at-fault parties and, in limited circumstances, may have claims against employers for intentional wrongdoing.
Insurance companies will often handle wrongful death claims through negotiations and settlement offers. Insurers aim to limit payouts, so they may undervalue claims or pressure families into quick settlements. An attorney can evaluate offers, negotiate on your behalf, and protect your legal rights.
Yes. Washington applies comparative fault, meaning if the decedent or a survivor is found partially at fault, the total damages award can be reduced by that percentage. An experienced attorney can present evidence to minimize any allocation of fault to your side.
Case length varies widely. Some cases settle in months if liability is clear and parties agree on damages. Others take a year or more, especially if liability is disputed, multiple parties are involved, or the case goes to trial. Complex cases with extensive discovery and expert testimony typically take longer.
Yes, Washington allows recovery for non-economic harms such as loss of companionship, guidance, and society. The amount awarded depends on the decedent's relationship to the claimant, the impact of the loss, and the evidence presented to support the claim.
Preserve evidence and documentation: keep medical records, police reports, photos of the scene, witness names and contact information, and any communication with insurers. Obtain certified death certificates, contact the coroner or medical examiner if relevant, and consult an experienced wrongful death attorney promptly to protect your legal rights and observe filing deadlines.
Pierce County Superior Court - local venue for civil wrongful death litigation and probate matters.
Pierce County Prosecuting Attorney - for information about any related criminal investigation or charges.
Tacoma Police Department and Washington State Patrol - for police reports and accident investigation records.
Washington State Department of Health - vital records and death certificates.
Washington State Courts - resources on civil procedure, court rules, and how to file actions.
Washington State Department of Labor and Industries - for workplace fatalities, workers' compensation information, and employer reporting requirements.
Federal Occupational Safety and Health Administration - for workplace safety investigations when applicable.
Local bar associations - for lawyer referral services and information about attorneys experienced in wrongful death litigation.
If you believe you have a wrongful death claim in Tacoma, take these steps:
- Seek immediate legal advice from an attorney experienced in Washington wrongful death law. Many firms offer free initial consultations.
- Preserve documentation and evidence: medical records, police or accident reports, photos, texts or emails, witness names, employment records, and billing statements.
- Obtain certified copies of the death certificate and any coroner or medical examiner reports.
- Notify relevant insurance companies through counsel. Avoid signing releases or accepting settlement offers without legal review.
- If the death occurred at work, report the incident to the employer and to the Department of Labor and Industries as appropriate, and learn about workers' compensation benefits.
- Consider whether a survival action should be filed by the estate in addition to a wrongful death claim for survivors.
- Be mindful of deadlines and procedural requirements. Missing a statute-of-limitations date or failing to properly appoint a personal representative can prevent recovery.
Legal matters following a death are difficult and time-sensitive. This guide provides general information but is not legal advice. For advice tailored to your situation and to protect your rights, consult a local wrongful death attorney as soon as possible.
