When someone dies because of another person's negligence or wrongful conduct, Washington law provides two distinct types of legal claims. Wrongful death actions and survival actions serve different purposes, compensate different losses, and follow different rules. Understanding the difference matters when seeking justice for a loved one.
What Is A Wrongful Death Claim
A wrongful death claim compensates the surviving family members for their own losses after someone dies due to negligence, recklessness, or intentional harm. This type of lawsuit focuses on what the family has lost. That includes financial support, companionship, guidance, and the relationship they had with the deceased person. Under Washington's wrongful death statute, only certain people can file this claim. The personal representative of the estate brings the lawsuit on behalf of specific beneficiaries. Those beneficiaries typically include:
- Surviving spouse or registered domestic partner
- Children of the deceased
- Stepchildren who were dependent on the deceased
- Parents, if there is no spouse or children
The damages in a wrongful death case go to these family members, not to the deceased person's estate. A Seattle wrongful death attorney can help determine who qualifies as a beneficiary and what compensation they may recover.
What Is A Survival Action
A survival action is completely different. This claim belongs to the deceased person themselves. It represents the lawsuit the deceased could have filed if they had survived their injuries. The claim "survives" the person's death and becomes part of their estate. Survival actions compensate the estate for what the deceased person experienced before dying. This includes medical bills, lost wages between the injury and death, pain and suffering, and other damages the person endured while still alive. The personal representative files the survival action, but the compensation goes into the estate. From there, it gets distributed according to the will or Washington's intestacy laws. This means creditors can potentially make claims against these funds before beneficiaries receive anything.
Key Differences Between The Two Claims
The distinctions between these claims matter in practical terms. Wrongful death actions compensate survivors for future losses like lost income, lost companionship, and emotional distress going forward. Survival actions compensate for the past losses the deceased suffered before death. Different damages apply to each claim type. Wrongful death claims can include loss of consortium, loss of guidance and counsel, funeral expenses, and the family's grief and emotional suffering. Survival actions cover the decedent's medical expenses, their pain and suffering, their lost earnings up until death, and their property damage.
The statute of limitations also works differently. Wrongful death claims in Washington generally must be filed within three years of the death. Survival actions follow the statute of limitations for whatever type of claim it would have been, such as a personal injury case.
How These Claims Work Together
Many families pursue both types of claims simultaneously. Herschensohn Law Firm, PLLC often handles cases where wrongful death and survival actions proceed together against the same defendant. The claims don't conflict because they compensate different people for different losses. For example, if someone dies in a car accident after suffering for several days in the hospital, the survivors would seek compensation for those hospital bills and the pain experienced during that time. The wrongful death claim would address the family's ongoing losses after the person passed away.
Who Decides How Money Gets Distributed
The distribution of damages depends on which type of claim succeeds. A Seattle wrongful death attorney can explain how Washington courts allocate wrongful death proceeds among eligible family members based on their relationship and dependency on the deceased. Survival action proceeds go through the estate and follow the deceased person's will. If there's no will, Washington's intestacy statutes determine distribution. Estate creditors may have claims against the survival action proceeds before family members receive anything.
Getting Legal Help After A Tragic Loss
Losing someone because of another person's negligence creates overwhelming grief alongside complex legal questions. Understanding whether to pursue a wrongful death claim, a survival action, or both requires knowledge of Washington law and how these claims interact. The right legal guidance helps families maximize the compensation available through both claim types while honoring their loved one's memory. If you've lost a family member due to someone else's wrongful actions, contact our firm today to discuss your legal options and determine the best path forward for your specific situation today.
