What Is the Wrongful Death Statute of Limitations in Washington?

What is the wrongful death statute of limitations in Washington? Generally, the statute of limitations for a wrongful death claim in Washington is three years from the date of death. 

This time limit can toll, meaning it can stop the clock of the statute of limitations depending on the facts of the situation. Talking with a Seattle wrongful death lawyer will help you keep track.

Washington’s Laws About the Wrongful Death Statute of Limitations

While the exact wording of Washington state law does not explicitly say wrongful deaths must be filed within three years, it does specify the types of cases to be filed within that time, which wrongful death falls under. 

Section 2 of RCW § 4.16.080 denotes, among other things, that this limitation applies to actions for any injury or personal rights violation. A wrongful death is the most extreme of these.

What Constitutes a Wrongful Death in Washington?

Wrongful death is when a death occurs as a result of someone’s or some party’s negligence. In other words, a death that results from some sort of accident, for which someone can be held liable. These are some examples of events that can result in wrongful deaths.

• Vehicle accident
• Slip and fall
• Medical malpractice
• Falling objects
• Drowning
• Severe burns
• Poisoning, by food or otherwise

The wrongful death statute of limitations in Washington is the same for any death occurring as a result of negligent activity, whether it be a civil or government entity. The only time a wrongful death suit does not adhere to a three-year time limit to file is if a very special situation allows for you to toll, or effectively delay, the deadline. 

Medical Malpractice Wrongful Death

Medical professionals usually have a layer of protection if someone dies while under their care. Medical malpractice can and has happened, sometimes resulting in a wrongful death. That is why Section 3 of RCW § 4.16.350 gives us both the statute of limitations as three years, and it sets the standard for professional negligence.

Just because someone dies while being treated does not mean it is a wrongful death. In court, we would have to prove that the medical professional was being negligent in their professional work and that that led to your loved one’s death.

The Statute of Limitations is Our Window to Prepare Your Case

The emotional toll of someone close to you dying is enough to stop the clock in anyone’s life. Three years may seem like a lot of time after a death, but in the legal world, it can slip by before we know it. Using as much of that time as possible to prepare a case can prove vital in reaching a successful settlement or verdict. These are some of the elements we would work to prepare in these cases.

• All the paperwork required to file your case
• A full account of events from you and any other people connected to the wrongful death
• Material evidence like documents, digital records, photos, videos, and relevant items
• A well thought out argument that clearly points to the death being wrongful
• A way to show that the evidence points to the defendant’s guilt
• Negotiation strategies for reaching a settlement, or
• Strategies for a full trial

Each step of this process can take weeks or months, all before we even file or go to court. Talking with a Seattle personal injury lawyer early on allows for ample time to give each step due diligence. The wrongful death statute of limitations in Washington does not have to be so limiting as long as we start when it starts.

Exceptions to the Statute of Limitations in Washington

Several circumstances exist that can extend the statute of limitations for a wrongful death in Washington. If you believe any of these apply to your case, be sure to bring them up when you talk to a lawyer. It could mean the difference between a successful settlement and no case at all.

The Discovery Rule

As set forth in in several court cases like Brown v. State and Estates of Hibbard, some cases qualify for what is known as the discovery rule. This means that instead of the statute of limitations beginning on the date of someone’s death, it starts when the deceased’s representatives find out about, or should have reasonably found out about, the death. This could be pivotal in getting a case filed in time.

Tolling

Essentially, tolling just refers to different avenues in the law that allow for the statute of limitations deadline to be delayed. These include several situations that arise from different sources, so talking through them with a lawyer is important in case this changes the timeline.

• Absence from state or concealment (RCW § 4.16.180) –  Pauses the clock for any time the defendant is out of the state or truly cannot be found.
• Personal disability (RCW § 4.16.190) – This means that if you are under 18 years old or disabled so much that you could not reasonably participate in legal action, the limitation extends for as long as those conditions exist.
• Death (RCW § 4.16.200) – Different from wrongful death, this gives a year from the time of death of someone who would have been alive for their representative(s) to file a claim.
• By war as to enemy alien (RCW § 4.16.210) – The time to file a claim against a citizen of a country that is at war with the US extends for as long as that war goes on.
• Military service (RCW § 4.16.220) – If you need to sue someone in the military who is currently deployed, the clock pauses for the length of their deployment.
• Judicial proceedings (RCW § 4.16.230) – The court can delay the statute of limitations with an injunction or statutory prohibition if it deems it appropriate to do so.

Ask about these if you think one applies to your case. Missing your opportunity to file in time should not happen because you did not know of an extension you would have qualified for. Get clarity from an experienced wrongful death attorney in Seattle, WA, so you know what the statute of limitations in Washington is for your case.

Consult a Wrongful Death Lawyer Today

At Puget Law Group, we are ready to help you navigate your case and get it filed in time. Knowing that we have three years to make it within the statute of limitations in Washington can be your key to success. 

Let us help represent your deceased loved one and get your damages recovered, just like when we settled a wrongful death case for $12 million.