Who Can File a Wrongful Death Claim?

July 28, 2025

When tragedy strikes and a loved one’s life is lost due to someone else’s negligence, the surviving family members often want justice and accountability. This is where wrongful death claims come into play. However, the process of filing a wrongful death claim can be complicated, and determining who is eligible to file such a claim is a key component. For families in Washington, understanding the legal framework and the role of a wrongful death attorney is essential in navigating these emotional and legal waters.

What is a Wrongful Death Claim?

A wrongful death claim arises when a person’s death is caused by the negligent, reckless, or intentional actions of another party. These claims are civil suits, separate from any criminal charges that may arise from the same event. While criminal courts may impose fines and imprisonment, wrongful death claims seek to provide financial compensation for the surviving family members of the deceased.

In Washington, these types of claims are governed by specific state statutes, which dictate who can file the claim, the types of damages that can be recovered, and the time limits within which a claim must be made. Working with a wrongful death lawyer familiar with Washington law is crucial to ensure that all legal requirements are met and that the case proceeds smoothly.

Who Can File a Wrongful Death Claim in Washington?

Every state has its own rules regarding who is eligible to file a wrongful death claim, and Washington is no exception. In Washington, the following individuals are typically allowed to file a wrongful death claim:

The Personal Representative of the Estate: In Washington, wrongful death claims are filed by the personal representative of the deceased person’s estate. This individual is usually appointed in the deceased’s will, but if no such designation exists, the court may appoint a representative. The personal representative files the claim on behalf of the surviving family members.
Spouse or Domestic Partner: The deceased’s spouse or registered domestic partner is first in line to file a wrongful death claim. Under Washington law, these individuals have a clear right to pursue a claim for the loss of companionship, financial support, and other damages stemming from the death of their loved one.
Children or Stepchildren: If the deceased has children or stepchildren, they are also eligible to file a wrongful death claim. Children and stepchildren may seek compensation for the loss of a parent, both emotionally and financially. This is particularly important in cases where the deceased was a primary breadwinner for the family.
Parents or Siblings (if there are no spouse or children): If the deceased had no spouse, domestic partner, or children, parents or siblings may be eligible to file a wrongful death claim. This provision allows for extended family members to seek justice and financial support in cases where they were dependent on the deceased.

Time Limits for Filing a Wrongful Death Claim

In Washington, the statute of limitations for filing a wrongful death claim is three years from the date of the person’s death. This means that the wrongful death claim must be initiated within this period, or the opportunity to seek compensation may be lost forever. Consulting with a wrongful death law firm like Floyd Personal Injury Law Group as soon as possible ensures that all legal deadlines are met, and the case is thoroughly investigated.

What Can Be Recovered in a Wrongful Death Claim?

Once it is established who can file a wrongful death claim, the next step is understanding the types of damages that can be recovered. In Washington, wrongful death claims aim to compensate the survivors for various losses, both economic and non-economic, including:

Medical Bills: Any medical expenses incurred prior to the deceased’s death due to the incident.
Funeral and Burial Costs: Compensation for the costs of laying the deceased to rest.
Loss of Income and Benefits: If the deceased was a financial provider, the family may recover the lost wages and benefits they would have earned had they lived.
Loss of Companionship: Surviving spouses and children can seek damages for the emotional loss of love, guidance, and companionship.
Pain and Suffering: If the deceased experienced pain and suffering before their death, the family may be compensated for this.

Conclusion

When a loved one’s life is tragically cut short due to the actions of another, it is critical to understand who is eligible to file a wrongful death claim in Washington. The rules surrounding these claims can be complex, and the stakes are incredibly high for the surviving family members. By working with a skilled wrongful death lawyer, families can focus on healing while trusting their legal matters to professionals.

If you have lost a loved one and believe you have a wrongful death case, contact Floyd Personal Injury Law Group to learn more about your rights and options. Their team will provide compassionate guidance and relentless legal representation to help you achieve the justice your family deserves.

Get Expert Help with Your Wrongful Death Claim

At Floyd Personal Injury Law Group, we are committed to helping Washington families get the compensation they deserve. Contact us today for a free consultation and let us guide you through every step of the legal process.

References:

Washington State Legislature - Wrongful Death Statutes (RCW 4.20.010)

Washington State Legislature - Time Limits for Wrongful Death Claims (Statute of Limitations)

Washington State Legislature - Damages in Wrongful Death Claims

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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.