Sherin is a content and copywriter from Texas who specializes in writing for the legal tech, fintech, martech and cybersecurity sectors. She leverages the power of words to help meaningful brands inspire, inform and connect with their audience through impactful content.
Sherin Mamachen
Sherin is a content and copywriter from Texas who specializes in writing for the legal tech, fintech, martech and cybersecurity sectors. She leverages the power of words to help meaningful brands inspire, inform and connect with their audience through impactful content.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Each year, people lose their lives in Seattle-area fatal incidents. When these deaths result from negligence—intentional or not—it becomes a priority for the affected families to hold responsible parties accountable. Pursuing a wrongful death lawsuit can provide the deceased’s families with an opportunity to seek justice and alleviate the emotional and financial burdens they may experience as a result of their loss.
This article presents Seattle’s best wrongful death attorneys who have demonstrated their expertise in successfully resolving these kinds of cases. The article also provides an overview of the relevant laws that govern wrongful death suits in Seattle.
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Show Summary
- Best Seattle Wrongful Death Attorneys
- Compare Top Seattle Wrongful Death Attorneys
- Filing a Wrongful Death Lawsuit in Seattle, WA
- How Can An Attorney Help You?
- How to Find the Best Wrongful Death Lawyer in Seattle, WA
- Methodology for Finding the Best Seattle Wrongful Death Attorneys
- Frequently Asked Questions (FAQs) About Seattle Wrongful Death Laws
Best Seattle Wrongful Death Attorneys
Compare Top Seattle Wrongful Death Attorneys
Filing a Wrongful Death Lawsuit in Seattle, WA
Losing a loved one to a preventable accident can be painful. In addition to the emotional trauma, you may also face significant financial responsibilities, especially if the deceased was the primary earner for your family.
Filing a wrongful death lawsuit can help you hold responsible parties accountable for their actions and provide you with a source of financial relief to help cover expenses such as medical bills and funeral costs. If you’re considering pursuing a wrongful death claim in Seattle, read on—in the next sections, we cover important laws and information related to wrongful death claims in Washington.
WA Statute of Limitations for Wrongful Death Cases
If you’re considering pursuing a wrongful death claim, you must be aware of the statute of limitations—the law that sets time limits on when people can initiate legal actions after an injury.
Washington’s statute of limitations for wrongful death lawsuits is three years. This means you have three years from the date of the deceased passing to file a wrongful death lawsuit. Once the deadline passes, the court may deem your claim invalid.
The time limit varies for families who don’t immediately realize that their loss resulted from another’s negligence. For instance, if the true cause of a loved one’s death is discovered later, the three-year statute of limitations begins from the moment of this discovery.
We advise filing your wrongful death claim as soon as possible. Waiting too long can lead to crucial evidence eroding or becoming unavailable, witness memories fading and opportunities to gather vital information slipping away.
WA Wrongful Death Laws
Washington has several laws in place related to wrongful deaths. Here’s an overview of the most important ones:
- Eligibility to File. In Washington, the person who files a wrongful death claim is typically the personal representative of the deceased’s estate as named in the deceased’s will. However, if no will exists or the named representative cannot serve, the court has the authority to appoint a suitable person. In cases involving the death of a child without a spouse, partner or children of their own, the parents or legal guardians have the right to file a claim.
- Types of Damages. Damages in wrongful death cases can include economic losses like medical bills, funeral expenses and lost future earnings, as well as non-economic damages such as loss of companionship, love and emotional support. If the victim was a child, along with general damages, the beneficiaries can also recover damages such as loss of parent and child relationship, value of lost services the child would have contributed over their lifetime and loss of future financial support.
- Damage Caps. Unlike most states, Washington does not cap the amount you can recover for economic and non-economic damages. However, Washington doesn’t usually include punitive damages in wrongful death cases.
- Tort System. Wrongful death claims in Washington are subject to the state’s comparative fault system. This system requires the court to evaluate the actions of both the deceased and the defendant to determine fault. Consequently, the court adjusts the damages owed based on the deceased’s share of fault. For instance, if the court finds the deceased was 25% responsible for an accident resulting in wrongful death, the judge reduces the total compensation the family or estate receives by 25%.
Wrongful Death Settlement Considerations
In Washington, insurance companies must acknowledge your claim within 10 working days of filing. They will also send you all the necessary paperwork. After you submit this paperwork, the insurance company has 15 working days to inform you whether they will accept or reject your claim or if they need additional time for investigation. Note that even simple wrongful death cases can take several months to resolve, with more complex cases potentially taking years.
Upon reaching a settlement, attorneys deduct their fees, which typically range from 30% to 40%, from the total settlement or award. The court distributes the remaining sum to the beneficiaries as the law specifies. These beneficiaries usually include the deceased’s surviving spouse or registered domestic partner, children, stepchildren or, in their absence, the deceased’s parents or siblings.
You typically won’t owe any taxes on the settlement or jury award from a wrongful death claim, as these funds are not considered taxable income in Washington.
How Can An Attorney Help You?
Losing a loved one in an unforeseen, tragic incident can be traumatic. When it happens, it can be overwhelming to handle the legal procedures involved in filing a wrongful death claim. A wrongful death attorney can offer invaluable assistance during this process.
An experienced attorney can take care of all the legal paperwork, ensuring that your claim is filed correctly and within the prescribed deadlines. They have the knowledge, skills and resources to conduct a comprehensive investigation into the circumstances surrounding the wrongful death. These legal professionals can also gather essential evidence, secure witness testimonies and compile all the necessary documentation to substantiate your claim.
Additionally, your attorney can explain the types of damages you can recover, such as medical expenses, funeral costs, loss of income and loss of companionship. They can guide you on how to prove these damages to maximize your compensation effectively.
Establishing liability is crucial in wrongful death cases. Your attorney can leverage their resources and consult with medical experts, accident reconstruction specialists and other professionals to build a compelling case that demonstrates the other party’s fault.
Lastly, your attorney will keep you informed about your options, the progress of your case, and what to expect at each stage.
How to Find the Best Wrongful Death Lawyer in Seattle, WA
Finding the right wrongful death attorney for your case can be a daunting task, especially if you live in a large city like Seattle, where there are many options. To make the process easier, keep the following factors in mind:
- Experience in wrongful death cases. Choose an attorney who has experience in handling wrongful death cases similar to yours. For instance, if your loved one passed away due to a surgical error, look for a lawyer who has successfully handled wrongful death in medical malpractice cases.
- Proven trial experience. While most wrongful death cases are settled outside of court, it’s still important that you choose a lawyer with strong trial advocacy skills. This experience will come in handy if your case needs to go to trial so you can achieve a fair outcome.
- Review past case results. Look through the lawyer’s previous case outcomes to assess their capability and success rate in securing favorable results. While past achievements don’t guarantee the same results for you, they are still strong indicators of the lawyer’s expertise and capability in similar cases.
- Effective communication. Wrongful death cases can be emotionally draining, often lasting months or even years. Therefore, it’s important to work with a lawyer who communicates clearly and regularly so you stay informed throughout the process.
- Transparent fee structure. Most wrongful death attorneys in Seattle work on a contingency fee basis, which means they receive a percentage of the settlement or judgment. Make sure you know what percentage your attorney will take as a fee and if any additional costs may arise during the litigation process.
Methodology for Finding the Best Seattle Wrongful Death Attorneys
Forbes Advisor considered many factors to determine the best wrongful death lawyers in Seattle of 2024. Its mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other online publications. However, you should not consider this information comprehensive. It may not include additional relevant data about an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that our list cannot quantify is the rapport you establish with your attorney. Demeanor goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs) About Seattle Wrongful Death Laws
Who can sue for wrongful death in Washington state?
The state of Washington allows the personal representative of the deceased’s estate to file a wrongful death lawsuit. The deceased’s will usually appoints this representative, but if there is no will, then the court appoints one. The representative’s primary role is to act on behalf of the estate and bring claims against the parties responsible for the deceased’s death.
What are wrongful death suits typically filed against?
Wrongful death lawsuits are typically filed against individuals or entities whose wrongful actions or negligence have caused someone’s death. These parties can include a driver involved in a fatal accident, a physician or healthcare provider responsible for medical malpractice, a trucking company if a commercial vehicle was involved, facility owners where unsafe conditions led to a fatality or even government agencies if their actions or lack thereof contributed to the death.
Is wrongful death the same as negligence?
Negligence refers to failing to exercise the level of care that a reasonable person would exercise under similar circumstances. It forms the basis of most personal injury lawsuits. Examples of negligence include a driver who causes an accident by texting while driving or a store owner who fails to clean up a spill, leading to a customer falling.
Wrongful death, on the other hand, is a specific legal action that arises when someone’s death is the result of another person’s negligence or intentional act. For instance, if the texting driver causes a fatal crash or if the store customer dies due to injuries from the fall, it becomes a wrongful death case. In these situations, the responsible party’s failure to act responsibly resulted in a fatal outcome. Although negligence is an essential element of most wrongful death claims, not all negligent acts result in death.
