The pain of losing a loved one due to someone else’s negligence can be unbearable — and it is crucial to hold the wrongdoer accountable. While a victim’s family may be entitled to file a lawsuit to recover damages, it is important to understand there is a strict wrongful death statute of limitations in Washington. Failure to file a claim before this deadline has expired can mean the family will be forever barred from recovering compensation for the losses they suffered due to their loved one’s death.

How Long Do You Have to File a Wrongful Death Claim?

Stringent legal deadlines are imposed to pursue a civil action in Washington State — these are referred to as “statutes of limitations.” The wrongful death statute of limitations is typically three years from the date of the decedent’s passing. This means that the victim’s personal representative would have three years to file a lawsuit on behalf of the victim’s family members.

By filing a timely wrongful death action, the victim’s family may be able to recover the following compensation:

• Loss of support
• Loss of companionship
• Lost wages the victim would have earned
• The victim’s medical bills
• Funeral and burial costs

If a wrongful death action is not commenced within the applicable time frame, the court would likely refuse to hear the case and the claim would be dismissed outright. However, the law recognizes certain exceptions to the wrongful death statute of limitations.

Why is the Wrongful Death Statute of Limitations Important?

The Washington legislature enacted the wrongful death statute of limitations — as well as the statutes of limitations for other civil actions — for several reasons. Significantly, key evidence can be lost over time and witnesses’ memories can fade. Witnesses may also move or become unavailable. In addition, it can be more challenging to access medical records, autopsy reports, and other documentation as time goes by.

Although you have three years after your loved one’s passing to file a wrongful death action, you should not wait that long. It is best to speak with an attorney who can assess your claim as soon as possible. Your attorney will need time to investigate the case, take measures to preserve evidence, and develop a strategy.

What is the Statute of Limitations for a Survival Action?

A survival action is a legal claim that is often brought with a wrongful death action. Unlike a wrongful death action, which allows the victim’s family to recover the losses they suffered due to their loved one’s passing, a survival action focuses on the damages the victim could have recovered if they were alive. The time frame to file a survival action is generally the same as the wrongful death statute of limitations in Washington — three years from the date of the victim’s passing.

Contact an Experienced Washington Wrongful Death Attorney

If you lost a loved one due to someone else’s negligence, it is essential to have a knowledgeable wrongful death attorney who can help you navigate your claim — and ensure you adhere to the applicable statute of limitations. Located in Bellingham, the wrongful death attorneys at Robinson & Kole provide skillful advocacy and compassionate representation to the family members of accident victims throughout Washington State and work aggressively to pursue justice on their behalf.

We welcome you to contact us for a free consultation by calling 360-671-8112 or by using our online contact form. Se habla Español.