The Process of Filing a Wrongful Death Claim

July 28, 2025

Losing a loved one due to someone else's negligence is one of the most devastating experiences a family can endure. While no legal action can bring them back, filing a wrongful death claim can help alleviate some of the financial and emotional burdens associated with the loss. This process, however, can be complex and overwhelming. With the guidance of an experienced Wrongful Death Attorney, such as those at Floyd Personal Injury Law Group, Washington families can navigate the legal system to seek the justice and compensation they deserve.

Understanding Wrongful Death Claims

A wrongful death claim is a civil lawsuit brought by the survivors of a person who died as a result of another party’s negligent or wrongful actions. Common causes include medical malpractice, car accidents, workplace incidents, or intentional acts like assault. In Washington, wrongful death laws are designed to compensate the surviving family for their emotional and financial losses.


In a wrongful death case, the plaintiff must prove that the defendant’s actions or negligence caused the death. This can be a complicated legal process, which is why it’s essential to work with a Wrongful Death Lawyer who can build a strong case and ensure you meet all legal requirements.

Who Can File a Wrongful Death Claim in Washington?

Washington law outlines specific family members who are eligible to file a wrongful death claim.


These include:


  • The deceased person’s spouse or domestic partner
  • The deceased person’s children or stepchildren
  • If there is no spouse, domestic partner, or children, the claim can be filed by the deceased person’s parents or siblings.

The Legal Process of Filing a Wrongful Death Claim

1. Establishing Legal Standing: Before filing a claim, it’s essential to confirm that you have the legal standing to pursue a wrongful death lawsuit. As mentioned, this generally includes immediate family members. However, in certain cases, others may be entitled to file, such as parents or siblings. Establishing standing early in the process is critical, as it will determine whether your claim can move forward.


2. Investigating the Case:
Once standing is confirmed, the next step is to investigate the cause of death. This involves gathering evidence to establish that the defendant’s negligent or reckless actions directly caused the death of your loved one. Your attorney will collect police reports, medical records, witness testimonies, and, if necessary, expert opinions. In Washington, the burden of proof lies with the plaintiff, meaning it’s crucial to have thorough and compelling evidence.


3. Establishing Liability:
The success of a wrongful death claim depends on proving the defendant’s liability. To do this, your attorney must show that the defendant had a duty of care towards the deceased, that this duty was breached, and that the breach caused the death. For example, in a car accident, the defendant may have breached their duty by driving recklessly or while intoxicated, leading to a fatal collision. This is a complex legal standard, but a skilled Wrongful Death Lawyer will know how to navigate these legal hurdles.


4. Filing the Claim:
After liability is established, your Wrongful Death Attorney will file the lawsuit in the appropriate court. In Washington, the statute of limitations for wrongful death claims is three years from the date of death. Failing to file within this timeframe can result in the case being dismissed, and you would lose your right to seek compensation.


5. Settlement Negotiations or Trial:
Many wrongful death cases in Washington are resolved through settlements. In these situations, your attorney will negotiate with the defendant’s legal team or insurance company to reach a fair settlement that compensates your family for medical bills, funeral expenses, lost income, and emotional suffering. If a settlement cannot be reached, the case may proceed to trial, where your lawyer will present the evidence to a judge or jury.

Types of Compensation in Wrongful Death Claims

A wrongful death claim seeks to provide financial relief to the surviving family members. The compensation, also known as damages, typically falls into two categories:



  • Economic Damages: These include tangible losses such as medical expenses, funeral and burial costs, and lost wages or future financial support that the deceased would have provided. For instance, if the deceased was the primary breadwinner, their future earnings would be calculated and included in the compensation.
  • Non-Economic Damages: These include intangible losses like pain and suffering, loss of companionship, and emotional distress. These damages are more subjective, but they are equally important in reflecting the deep emotional impact of the loss.


In rare cases, punitive damages may be awarded if the defendant’s actions were particularly egregious, such as in cases of intentional harm or gross negligence.

The Role of a Wrongful Death Law Firm

Navigating a wrongful death claim on your own can be an overwhelming and emotionally taxing process, especially while coping with the grief of losing a loved one. This is where the support of an experienced Wrongful Death Law Firm, such as Floyd Personal Injury Law Group, becomes invaluable. Your attorney will handle every aspect of the case, from gathering evidence to negotiating with insurance companies and representing you in court if necessary.


One of the key benefits of working with a dedicated Wrongful Death Lawyer is their knowledge of Washington’s legal system. Laws vary by state, and Washington’s wrongful death statutes have specific requirements and timeframes that must be followed. Your attorney will ensure that your case is filed correctly and within the appropriate deadlines.

Conclusion: Why Choose Floyd Personal Injury Law Group?

At Floyd Personal Injury Law Group, we understand that no legal outcome can replace the loss of a loved one. However, we are committed to helping Washington families seek justice and secure financial compensation to ease the burdens they face. With decades of experience in wrongful death cases, our attorneys will provide the compassion and expertise you need during this difficult time.


If you have lost a loved one due to someone else’s negligence, don’t wait to take action. Contact us today for a free consultation, and let us help you navigate the legal process and fight for the justice your family deserves.

Contact Our Experienced Wrongful Death Attorneys Today

If you’ve lost a loved one due to someone else’s negligence, you don’t have to navigate this difficult time alone. Reach out to Floyd Personal Injury Law Group for a free consultation and let our compassionate Wrongful Death Attorneys help you pursue the justice and compensation your family deserves.


References:

WTSC Motorcyclist Data​

WSDOT Crash Data Portal​

Ladenburg Law - Motorcycle Crash Statistics​

Mid-Columbia Insurance - Motorcycle Fatalities​

Injured on Property: Kent’s Legal Guide by Floyd Personal Law Group
By jeff December 24, 2025
What Really Happens After a Property Injury If there is one thing I have learned from years of working with injured clients in Kent, it is that the most painful part of a property injury is often what comes after the fall. The shock, the confusion, the embarrassment. People replay the moment over and over, wondering what they did wrong. Most of the time, the answer is nothing. The emotional impact tends to catch people off guard. I hear the same questions constantly. Why do I feel so overwhelmed? Why is the property owner acting like this was my fault? Should I have spoken up sooner? I once represented a woman who fell on a slick ramp behind a retail store. She blamed herself because she was “in a hurry.” But when we reviewed the surveillance footage, it showed employees walking past the spill for nearly an hour before she fell. That is how quickly self-blame can cloud reality. Clients also struggle with symptoms that evolve days later. Pain that spreads Difficulty walking Headaches Loss of sleep Anxiety about returning to the location These are real experiences, and ignoring them only makes things worse. The moment you start doubting your own instincts is the moment the insurance company gains leverage. That is why clarity matters so much in these cases. Understanding Liability and What You Should Do Next Premises liability protects you when unsafe conditions on someone else’s property cause harm. It covers everything from wet floors to broken steps to poor lighting. The standard is simple. Property owners must take reasonable steps to prevent hazards. When they do not, people get hurt. Here is what I look for when assessing a case: Was there a clear, preventable hazard? Did the owner or employees know or should they have known about it? Did their failure to act directly cause your injury? These answers often come from details that people overlook. Maintenance logs. Internal memos. Prior complaints. A witness who saw the hazard hours earlier. These pieces quietly connect the story. If you get injured, your actions in the first few hours matter more than most people realize. This is what I always recommend: Get medical care right away, even if pain feels manageable Report the incident and get a copy of the report Take photos of the hazard, your injuries, and surrounding conditions Ask for names and contact information of witnesses Avoid recorded statements with insurance adjusters Document symptoms as they develop Each of these steps protects your future self. I have seen strong cases collapse because the hazard was cleaned up before anyone captured evidence or because the injured person casually apologized at the scene. These moments may feel harmless, but insurance companies use them strategically. How Compensation Works and When to Call a Lawyer The cost of a property injury is rarely just the initial medical bill. I have seen slips and falls lead to months of physical therapy, lost wages, long term pain, and ongoing stress that clients were not prepared for. People often underestimate the long term financial impact until they are in the middle of it. Here is what compensation may include in Washington: Medical expenses Physical therapy and rehabilitation Lost wages Reduced earning capacity Pain and suffering Long term care costs Washington follows comparative negligence, meaning the insurance company will often try to assign part of the blame to you. You missed a warning sign You were distracted Your shoes were inappropriate These arguments come up constantly, even in cases where the property owner clearly failed to maintain a safe environment. It is why legal representation becomes important earlier than most people think. So when should you contact a lawyer? Your pain is worsening or persistent You are missing work The property owner denies responsibility The insurance company offers a low settlement You feel pressured to settle quickly You are unsure what your claim is worth Reaching out is not about being combative. It is about protecting your rights before the situation becomes more complicated. Why Work With Floyd Law Group in Kent, WA? Over the years, I have represented people who walked into my office feeling overwhelmed and unheard. Many assumed their injuries were not serious enough or believed the insurance company would treat them fairly. What they needed was guidance grounded in real experience, not vague reassurance. At Floyd Law Group, my approach is straightforward. I investigate the facts, not the assumptions I protect clients from insurance tactics I communicate clearly and honestly I focus on long term recovery, not quick settlements Because we work here in Kent, we understand the nuances of local properties, businesses, and community spaces. That local insight helps us see patterns others might miss and build cases with stronger context. Above all, my goal is simple. Make sure you are treated fairly and fully heard. FAQs How long do I have to file a claim in Washington? You generally have three years, but your case is stronger when evidence is collected early. What if no one witnessed my fall? Many strong cases have no witnesses. Evidence like photos, medical records, and past complaints can still support your claim. Can I file a claim if the injury happened at a friend’s house? Yes. Claims are handled through insurance, not your friend personally. Final Thoughts A property injury can shake your confidence as much as your body. Pain, uncertainty, and pressure from insurance companies create a perfect storm that leaves people second guessing everything. I have seen how overwhelming that feels, and I know how quickly circumstances can spiral if you do not protect yourself early. If something about your accident does not sit right with you, trust that feeling. Ask questions. Gather information. And remember, you do not have to navigate this alone. Your health, your future, and your peace of mind matter far more than rushing into a decision you cannot undo later. If you want a meta title, schema markup, or GBP optimized version, I can create that next.
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