Losing a loved one can leave a family focused on grieving, medical bills and major changes at home. Legal deadlines may not be the first concern. In Washington, a wrongful death claim generally must be filed within three years of the person’s death. Waiting too long can put the family’s ability to pursue compensation at risk.
Why is waiting risky?
A wrongful death case can take time to investigate. Important records may become harder to obtain, witnesses may move or have trouble remembering what happened and evidence can become more difficult to preserve. The personal representative may need time to gather information about the circumstances surrounding the death and determine whether a wrongful death claim may be available.
Starting earlier allows time to obtain records, identify witnesses and assess whether the circumstances of the death support a claim.
When does the three-year period begin?
Washington’s wrongful death statute does not set a specific limitations period. Instead, Washington courts have held that wrongful death claims generally fall under the state’s three-year limitations period for certain injuries and other claims. Courts have generally measured that period from the date of death.
The timing can become more complicated in some cases. Different rules may apply based on the type of claim and the facts involved. A family should not assume that an exception extends the deadline.
What happens if the deadline passes?
Missing the deadline can prevent a family from pursuing a wrongful death claim altogether. If the applicable limitations period expires, the family may lose the ability to bring the claim in court, even if the circumstances surrounding the death otherwise support a claim. Because the timing can depend on the circumstances, waiting until the deadline approaches can create unnecessary risk.
What should a family do next?
A wrongful death claim is brought by the deceased person’s personal representative on behalf of the beneficiaries identified under Washington law. The first practical step is confirming who can serve as personal representative. Identifying this detail early can help protect the family’s legal options while there is still time to investigate what happened.