Washington Wrongful Death Lawyer – Gregory Stuck, Esq.

When a Family Loses Someone in Washington

A death case asks a family to grieve and to make legal decisions at the same time. The role of counsel is to carry the legal fight completely, with straight answers about the process, so the family can focus on each other.

How Washington Wrongful Death Law Works

Under RCW 4.20.010, the action is brought by the personal representative of the estate. RCW 4.20.020 defines the beneficiaries: the surviving spouse or state registered domestic partner and children, including stepchildren. If there are none, the action may be maintained for the decedent’s parents or siblings. Washington modernized this statute in 2019, removing the old requirements that parents and siblings prove financial dependence on the decedent and reside in the United States, and made those changes retroactive.

The Decedent’s Own Suffering Counts

Washington’s survival statutes, RCW 4.20.046 and 4.20.060, preserve the claims the person themselves held, including damages for the pain, suffering, anxiety, and emotional distress they experienced before death. In many cases this is a substantial component of the recovery, and it requires careful proof.

No Caps, Three Years

Washington places no cap on the damages a jury may award; the Washington Supreme Court struck down the legislature’s attempt at one in Sofie v. Fibreboard Corp. and reinstated the jury’s full verdict. The limitations period is generally three years, running from the date of death, and evidence disappears far faster than that. The authorities are collected in the Washington Law Reference.

Talk to Us

Gregory Stuck is admitted in Washington. The consultation is free and the conversation is confidential. Call (407) 630-8692.

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