When someone dies because of another person's negligence or wrongful act, Washington law gives you two separate legal pathways for seeking justice. They're called wrongful death claims and survival actions. They're not the same thing. Not even close. These two types of claims serve different purposes, compensate different losses, and benefit different parties. Understanding these distinctions matters when you're protecting your family's legal rights after an unimaginable loss. Herschensohn Law Firm, PLLC works with families throughout Washington who need guidance during these difficult times.
What Is A Wrongful Death Claim?
A wrongful death claim compensates surviving family members for their own losses. It addresses what you've lost because your loved one is gone. This action belongs to the survivors. It doesn't belong to the deceased person's estate. That's an important distinction we'll come back to. Washington's wrongful death statute, RCW 4.20.020, limits who can bring these claims. The personal representative of the estate files the lawsuit on behalf of eligible beneficiaries. Those beneficiaries include:
- Surviving spouse or domestic partner
- Children, including adult children
- Financially dependent stepchildren
- Parents of unmarried deceased children
The damages in wrongful death cases focus on what the survivors have lost. Financial support the deceased would have provided counts. So does the loss of care, guidance, and companionship. Medical and funeral expenses also qualify. These losses belong to the family members who continue living without their loved one.
What Is A Survival Action?
A survival action represents the deceased person's own claim. Think of it as the lawsuit the person who died would've filed if they had survived their injuries. This claim becomes part of the estate. Any recovery goes to the estate's beneficiaries according to Washington's probate laws. Under RCW 4.20.046, survival actions allow recovery for what the deceased personally experienced. Pain and suffering before death represent a common element. Medical bills incurred before passing also count. Lost wages from the time of injury until death qualify as well. The personal representative files this claim too, but the damages compensate for different losses than wrongful death claims do.
Who Benefits From Each Type Of Claim?
The separation between these actions protects different interests. A wrongful death claim addresses ongoing family losses. A survival action addresses what happened to the person who died. Who benefits differs significantly. Wrongful death proceeds go to specific family members designated by statute. Survival action proceeds go to whoever inherits from the estate under the will or intestacy laws. That might be the same people. It might not be.
What Damages Can You Recover In Each Claim?
The types of damages vary between these two claims. Wrongful death claims can't include the deceased person's pain and suffering. That belongs solely to the survival action. Meanwhile, the family's loss of companionship and future support belongs only to the wrongful death claim. A Seattle wrongful death attorney can help you understand which damages apply to your specific situation. The interplay between these two types of claims gets complicated quickly. Different beneficiaries, different damages, and different calculations all require careful handling.
Can You File Both Claims Together?
Yes. Many families pursue both claims simultaneously. The same incident that caused the death often gives rise to both actions. A Seattle wrongful death attorney typically files both claims in the same lawsuit to streamline the process. Consider a fatal car accident. The survival action would seek compensation for the victim's medical treatment, pain before death, and lost wages during their final days or weeks. The wrongful death claim would address the family's loss of financial support, companionship, and guidance going forward. Both claims share the same statute of limitations. Washington gives families three years from the date of death to file. Missing this deadline bars both types of claims permanently.
Are There Situations Where Only One Claim Applies?
Sometimes, only a wrongful death claim makes sense. If death occurred instantly, there may be no pain and suffering to compensate through a survival action. The person had no conscious experience of injury. Conversely, if someone lived for months or years after an injury before dying, the survival action becomes more substantial. Their medical expenses, lost earnings, and suffering during that period all factor into the calculation.
Why Do These Distinctions Matter?
You might wonder why Washington separates these claims at all. Why not just have one type of lawsuit? The distinction recognizes that different harms occurred. The person who died experienced their own injuries and suffering. The family members left behind experience their own ongoing losses. Both deserve recognition and compensation. Getting these claims right requires understanding what losses belong where. It requires knowing who has the legal right to file. It requires calculating damages correctly for each separate claim.
What Should You Do Next?
Whether you need to pursue a wrongful death claim, a survival action, or both, working with a knowledgeable attorney helps protect your family's rights. The legal system sets tight deadlines and specific requirements. Getting sound advice early makes a real difference in the outcome. Don't wait until time runs out to explore your options.
