Washington Wrongful Death Damages | FMM Law

Understanding Damages Under Washington Wrongful Death Claims: What Families Need to Know

When a person dies because of another person’s negligence or wrongful act, Washington law allows certain surviving family members to seek compensation through a wrongful death claim. These cases are designed not to place a value on a human life, but to provide financial compensation for the losses that family members suffer because of that death. 

Washington’s wrongful death law is primarily found in RCW 4.20.010 and RCW 4.20.020. Unlike many claims that belong to the deceased person’s estate, a wrongful death claim is a new legal right created by statute for the benefit of surviving family members. 

The Washington Supreme Court has repeatedly emphasized this distinction. In Gray v. Goodson, 61 Wn.2d 319, 378 P.2d 413 (1963), the court explained that a wrongful death action does not belong to the deceased person and does not become part of the estate; rather, it exists for the benefit of those family members whom the Legislature has identified. Later, in Deggs v. Asbestos Corp. Ltd., 186 Wn.2d 716, 381 P.3d 32 (2016), the court again recognized that wrongful death claims are intended to compensate statutory beneficiaries rather than the decedent’s estate. 

Who May Bring a Wrongful Death Claim? 

In Washington state, a “personal representative” of the deceased individual is tasked with investigating and initiating a lawsuit. Typically, this representative is the closest living relative or the person named by the deceased person's Will. Even if there is no validly executed Will, a probate action can be opened in the county where the potential wrongful death case could be venued to appoint a “personal representative” to pursue a potential wrongful death case. Our lawyers can help you with this process. 

The lawsuit is filed by the personal representative of the deceased person’s estate, but the recovery is for the benefit of statutory beneficiaries. The personal representative acts as the legal representative of those beneficiaries. 

Under RCW 4.20.020, Washington establishes a priority system for who may recover. 

The first group includes: 

• the surviving spouse or registered domestic partner; 

• children; 

• stepchildren. 

If these family members exist, they have the primary right to recover. 

If no spouse, domestic partner, child, or stepchild survives, the statute allows recovery by: 

• parents; or 

• siblings. 

The Washington Supreme Court discussed this statutory structure in Kellogg v. National Railroad Passenger Corp., 199 Wn.2d 205, 504 P.3d 796 (2022), explaining that Washington’s wrongful death statute creates a hierarchy of beneficiaries, with spouses, domestic partners, and descendants receiving priority over parents and siblings. 

What Damages May Be Recovered? 

A wrongful death claim may include both economic and noneconomic damages. 

Economic damages may include: 

• lost financial support the deceased person would have provided; 

• loss of household services; 

• medical expenses related to the final injury or illness; 

• funeral and burial expenses. 

Noneconomic damages recognize that family relationships have value beyond money. These damages may include: 

• loss of love and companionship; 

• loss of care, guidance, and support; 

• loss of the relationship that existed between the deceased person and surviving family members. 

Washington law does not limit recovery to situations where survivors were financially dependent on the deceased. A child who loses a parent, or a spouse who loses a lifelong companion, may suffer profound losses even when there is little measurable financial dependency. 

The Washington Legislature has directed that beneficiaries may recover damages that, under all the circumstances, are "just." RCW 4.20.020. The value of those losses depends on the evidence presented regarding the nature and quality of the relationship, the expected future relationship, and the financial and personal contributions of the deceased. 

Adult Children May Recover 

A common misunderstanding is that only minor children may bring a wrongful death claim. That is not Washington law. 

The statute refers broadly to "children," and Washington courts recognize that adult children may suffer significant losses from the death of a parent, including loss of companionship, advice, and guidance. 

Similarly, parents may suffer compensable losses when an adult child dies, depending on whether they fall within the statutory beneficiary categories. 

The Role of the Personal Representative 

Although the personal representative files the lawsuit, the beneficiaries are the people whose losses are being compensated. 

In Huntington v. Samaritan Hospital, 101 Wn.2d 466, 680 P.2d 58 (1984), the Washington Supreme Court recognized that wrongful death beneficiaries are the real parties in interest, even though the personal representative is the person authorized to bring the action. 

This means the personal representative must act with the interests of the beneficiaries in mind when making decisions about litigation and settlement. 

Wrongful Death Claims Are Different From Survival Claims 

Washington law also recognizes a separate type of claim known as a survival action, governed primarily by RCW 4.20.046. 

A survival action belongs to the estate and seeks damages for losses suffered by the deceased person before death, such as: 

• conscious pain and suffering; 

• medical expenses; 

• lost wages before death. 

A wrongful death claim, by contrast, seeks compensation for the losses suffered by surviving family members because the person died. 

The two claims may arise from the same event, but they compensate for different injuries. 

The Importance of Evidence 

Because wrongful death damages are personal and relationship-based, courts and juries consider evidence showing who the deceased person was and what was lost. 

Important evidence for a wrongful death claim may include: 

• the closeness of family relationships; 

• the deceased person’s role in the family; 

• financial contributions; 

• household responsibilities; 

• plans for the future; 

• the emotional and practical support provided to survivors. 

Washington courts recognize that the value of a human relationship cannot be reduced to a simple formula. The purpose of a wrongful death award is to fairly compensate survivors for the losses they have experienced. 

Conclusion 

Washington wrongful death law attempts to balance two difficult realities: no amount of money can replace a loved one, but the law recognizes that families suffer real economic and personal losses when someone dies because of another’s wrongdoing. 

The claim belongs to the surviving beneficiaries identified by statute, not to the deceased person’s estate. The personal representative brings the action, but the purpose of the lawsuit is to compensate the spouse, children, stepchildren, parents, or siblings whose lives have been changed by the loss.