Seattle Wrongful Death Lawyer

Reviewed by Michael Gustafson, founding attorney, Emerald Law Group. Seattle University School of Law, J.D. 2004 (magna cum laude). Last updated September 28, 2026.

When a preventable death takes someone from your family, Washington law gives the survivors a way to hold the responsible party accountable and to recover the financial and personal losses that follow. Emerald Law Group has handled wrongful death claims in King County and across Washington since 2010, including a $1.15 million settlement for the family of a woman killed by another’s wrongful act. The consultation is free and confidential, and there is no fee unless we recover for your family. Call a Seattle wrongful death lawyer at 206-826-5160.

What is a wrongful death claim in Washington?

A wrongful death claim is a civil lawsuit brought when a person dies because of the “wrongful act, neglect, or default of another,” the language of RCW 4.20.010. It is separate from any criminal case. A driver, property owner, employer, hospital or product maker can be liable in a wrongful death case even if no crime was charged, because the civil standard of proof is lower.

Wrongful death claims in Seattle most often arise from car, truck and motorcycle crashes; pedestrian and bicycle collisions; drownings; falls and unsafe property; nursing home neglect; workplace and construction accidents; medical negligence; and violent acts made possible by negligent security.

Who can file a wrongful death lawsuit in Washington?

The personal representative of the deceased person’s estate files the lawsuit, but the recovery belongs to the family members the statute names. Under RCW 4.20.020 the first-tier beneficiaries are the surviving spouse or registered domestic partner and the children, including stepchildren. If there is no spouse, partner or child, the parents and siblings of the deceased may recover. Since the 2019 amendments to the statute, parents and siblings no longer have to prove they were financially dependent on the deceased or lived in the United States.

If no personal representative has been appointed, we can help the family open a probate estate in King County Superior Court so the claim can proceed.

What damages can a family recover in a Seattle wrongful death case?

Two categories: the family’s own losses, and the losses the deceased person suffered before death. The family’s wrongful death damages include:

Loss of the financial support the deceased would have provided over a lifetime
Loss of love, companionship, care, guidance and consortium
Destruction of the parent-child relationship
Loss of household services
Funeral and burial expenses

Washington does not cap these non-economic damages. Punitive damages are generally not available under Washington law.

What is a survival action, and how is it different?

A survival action under RCW 4.20.046 and RCW 4.20.060 is the deceased person’s own injury claim, which survives death and is brought by the estate. It recovers the medical expenses incurred before death, lost earnings between injury and death, and the conscious pain, suffering and fear the person experienced before dying. Where the facts support it, we bring the survival action alongside the wrongful death claim so the family recovers everything the law allows.

How long do we have to file a wrongful death claim in Washington?

Three years from the date of death, under RCW 4.16.080. Claims against the City of Seattle, King County, Sound Transit, a public hospital district or another local agency require a pre-suit claim and a 60-day waiting period under RCW 4.96.020; claims against the State follow RCW 4.92.100. Medical negligence deaths have their own limitations rules under RCW 4.16.350. Because evidence disappears quickly and a probate estate may need to be opened first, families should not wait until the deadline is close.

How do you prove a wrongful death case?

We prove the same elements as any negligence case: duty, breach, causation and damages, with the added burden of showing what the deceased would have contributed to the family over a lifetime. That means:

Obtaining the Seattle Police Department or Washington State Patrol collision report, 911 recordings, body-camera and dash-camera footage, and any King County Medical Examiner findings
Retaining accident reconstruction, engineering, medical and economic experts
Subpoenaing surveillance video, phone records, maintenance logs and employer records before they are destroyed
Working with a forensic economist to calculate lost lifetime earnings and household services
Documenting the relationship between the deceased and each beneficiary

Washington’s pure comparative fault rule (RCW 4.22.005) applies to wrongful death cases, so the defense will try to shift blame to the deceased. We anticipate that and build the evidence to answer it.

How much does a wrongful death lawyer cost?

Nothing out of pocket. Emerald Law Group handles wrongful death cases on a contingency fee: we advance all costs, including expert witnesses, and our fee comes only from the recovery. If there is no recovery, the family owes no attorney fee.

Why families choose Emerald Law Group

We have done this before. Our results include a $1.15 million settlement for the family of a woman who was murdered and a $1.74 million pedestrian accident recovery.
Former insurance defense lawyers. We know how insurers value fatal claims and how they try to minimize them.
You deal with the attorney. Michael Gustafson, Donna Mack and Justin Dale personally handle these cases.
Trial-ready in King County Superior Court. Insurers pay full value to firms that will try the case.
Two offices. Downtown Seattle at 605 First Avenue, Suite 325, and Tacoma at 524 Tacoma Ave S.

Wrongful death case results

Past results do not guarantee a future outcome.

$1.15 Million – Wrongful death settlement for the family of a woman killed by another’s wrongful act
$1.74 Million – Pedestrian accident
$1.8 Million – Premises liability

Frequently asked questions about wrongful death claims in Seattle

Can we file if the person who caused the death was never charged or was acquitted?

Yes. A civil case only requires proof by a preponderance of the evidence, a lower standard than a criminal case, and can proceed regardless of whether charges were filed.

What if my loved one was partly at fault?

The family can still recover. Under pure comparative fault the award is reduced by the deceased’s percentage of fault, but it is not eliminated.

Who receives the money?

The statutory beneficiaries, in the order set by RCW 4.20.020. When several beneficiaries share a recovery, the court can approve how it is divided, and any settlement for a minor child must be approved by the court.

Can we recover for the death of a child or an elderly parent?

Yes. Parents may recover for the death of a minor child, and for an adult child under the rules in RCW 4.20.020 and RCW 4.24.010. Adult children may recover for the death of a parent.

How long will the case take?

Many wrongful death claims settle within one to two years. Cases that go to trial in King County Superior Court can take longer. We move quickly on evidence and probate so the family is not the reason for delay.

Do we need to open probate?

Usually yes, because the personal representative must bring the claim. We help the family get that done as part of the case.

Talk to a Seattle wrongful death lawyer

You have three years to file, but the evidence that wins these cases does not wait. Call Emerald Law Group at 206-826-5160 or contact us online for a free, confidential consultation. We will explain your family’s rights, preserve the evidence, and handle the insurance company so you can grieve.

Emerald Law Group
605 First Avenue, Suite 325, Seattle, WA 98104
524 Tacoma Ave S, Tacoma, WA 98402 · 253-367-0967

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