There are no words that can make the loss of a loved one easier. When someone’s life is taken because of another person’s negligence, recklessness, or wrongful conduct, a family may suddenly be dealing with grief, funeral arrangements, financial uncertainty, unanswered questions, and decisions they never expected to face. You may be trying to understand what happened while also figuring out how to move forward without the person who was at the center of your family.
At The James Hawkins Firm, we understand that a wrongful death case is about much more than a legal claim. It is about a person who mattered deeply to you and a family learning how to live with their absence. Our role is not to put a value on your loved one’s life. Nothing can do that. Instead, we help you pursue the compensation available under Washington law so you have the financial support and stability to move forward while you grieve. We handle both wrongful death claims and survival actions and can help your family understand which claims may apply to your circumstances.
Under Washington law, a wrongful death claim arises when the wrongful act, neglect, or default of another person causes a person’s death. The deceased person’s personal representative brings the claim for the benefit of certain surviving family members. RCW 4.20.010 and RCW 4.20.020 govern these claims. A wrongful death case focuses on the losses suffered by surviving family members because of the death. Depending on the circumstances, those losses can include the financial support the deceased provided, as well as certain non-economic losses recognized under Washington law.
Determining legal responsibility is not always straightforward. The person or company that appears responsible at first may not be the only party whose actions contributed to the death. Depending on the circumstances, a claim may involve:
Workplace deaths can also involve additional legal considerations. While workers’ compensation laws generally govern claims against an employer, a separate claim may exist against a third party, such as another contractor, property owner, manufacturer, or other party whose negligence contributed to the death.
In some cases, more than one party may share responsibility. Identifying those parties requires looking beyond the immediate cause of the accident and reviewing evidence such as accident records, medical records, employment information, contracts, product records, photographs, and witness accounts. At The James Hawkins Firm, we investigate how the death occurred, identify the parties who may be legally responsible, and determine what claims may be available to your family under Washington law.
A survival action is different from a wrongful death claim. A survival action preserves certain legal claims that belonged to the person who died. Under RCW 4.20.046, causes of action can survive the person’s death and pass to the personal representative. Washington law allows recovery of economic losses on behalf of the decedent’s estate and, in the circumstances specified by statute, noneconomic damages for pain and suffering, anxiety, emotional distress, or humiliation personally suffered by the deceased.
In practical terms, the distinction looks like this:
A case can involve both a wrongful death claim and a survival action. Which claims apply depends on what happened, when the person died, who survived them, and the circumstances surrounding the injury and death. Understanding that distinction matters because the claims can involve different damages, parties, and legal considerations.
Washington law generally requires a wrongful death action to be brought by the deceased person’s personal representative. The claim is brought for the benefit of the beneficiaries identified by statute. Under RCW 4.20.020, those beneficiaries include the deceased person’s spouse or state-registered domestic partner and children, including stepchildren. If no spouse, domestic partner, or child survives, the statute allows the action to be maintained for the benefit of the deceased person’s parents or siblings.
Determining who can participate in a claim can become complicated when families have multiple beneficiaries, blended families, minor children, or estate issues. You do not need to figure that out on your own. Part of our job is helping your family understand who has the right to bring the claim and how the legal process works.
We know that no amount of money can replace a parent, spouse, child, sibling, or other loved one. Compensation in a wrongful death case is not intended to change that reality. Instead, it can provide resources to help address the financial and personal consequences that follow a death. Depending on the circumstances of the case, damages can include losses such as:
A survival action can involve different damages, including economic losses belonging to the estate and certain noneconomic damages tied to what the deceased personally experienced before death. The goal is not to reduce your loved one’s life to a number. It is to give your family the financial foundation to address what comes next. That could mean covering expenses, replacing lost financial support, providing stability for children, or giving your family the resources to make important decisions without the added pressure of an unexpected financial crisis.
Families often assume that a wrongful death case begins and ends with proving that someone caused the death. In reality, these cases can involve several separate questions.
We may need to determine:
The answers depend entirely on the circumstances. A fatal collision, workplace death, medical negligence case, and defective product claim can look very different from one another. We tailor our approach to the facts rather than forcing every case into the same process.
After a death, there may already be more decisions than your family can reasonably manage. You may be communicating with insurance companies, dealing with medical bills, arranging a funeral, handling your loved one’s personal affairs, or trying to support children who are grieving. You should not also have to become an expert in Washington wrongful death law.
When you work with The James Hawkins Firm, we handle the legal side of the case and keep you informed along the way. We can communicate with insurance companies, gather and review relevant records, identify the parties involved, evaluate available insurance coverage, and build the evidence needed to pursue the claim.
We also understand that grief does not follow a legal timeline. You may have difficult days. You may need time to process information. You may not have the energy to discuss your case every day. We will meet you where you are. Our goal is to provide clear answers without adding unnecessary pressure to an already painful time.
Insurance companies may contact a grieving family soon after a death. They may ask questions about the accident, your loved one, or the circumstances surrounding the claim. You may also receive a settlement offer. You do not have to decide immediately just because an insurance company is ready to talk.
Before accepting a settlement or signing a release, understand what claims are being resolved and whether the proposed settlement accounts for the losses your family has experienced. If an insurance company contacts you after the death of a loved one, you should speak with our team before agreeing to a settlement or signing documents. We can review the circumstances and help you understand what you are being offered and what legal options may remain available.
Washington generally applies a three-year statute of limitations to wrongful death claims. RCW 4.16.080 provides the general three-year limitations period for personal injury actions, and Washington courts have applied that period to wrongful death claims. That deadline matters, but the applicable time limit can depend on the circumstances and the type of claim. Certain claims, including some involving government entities or professional negligence, can involve additional requirements or different rules. For that reason, your family should not assume that the general three-year period applies without having the circumstances reviewed. If someone you love has died because of another person’s negligence or wrongful conduct, contacting our team early can help protect your family’s legal options.
We know that no attorney can give your family back the person you lost. What we can do is take the legal burden seriously. We will listen to what happened, explain the process in plain language, and help you understand your options. We will work through the evidence, deal with the insurance companies, and pursue the claims that the facts and Washington law support. Just as importantly, we will treat your family like people, not a case number. You should be able to ask questions. You should know what is happening with your case. And you should feel comfortable telling us when you need an explanation, more time, or need someone to listen. Our job is to handle the legal work while you and your family have the space to grieve, remember your loved one, and begin figuring out what life looks like now.
If your loved one died because of another person’s negligence or wrongful conduct, The James Hawkins Firm is here to listen. We will take the time to understand what happened, explain your family’s options, and guide you through the process with compassion and care. Contact The James Hawkins Firm today for a free and confidential consultation.
Call Us Today (949) 387 – 7200
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Nice people and they found things apart from wrongful termination
