Seattle Wrongful Death Lawyer

Who can file a wrongful death claim in Seattle? In Washington, only the estate’s personal representative can file a wrongful death claim in Seattle, but it is brought by close family members under RCW 4.20.010 and RCW 4.20.020. A Seattle personal injury lawyer can confirm who qualifies. The deadline is usually three years (RCW 4.16.080), and most cases are filed in King County Superior Court.

Losing someone to another person’s careless or wrongful act is not just painful. It also starts a clock. Records take weeks or months to arrive, evidence at a crash site or property fades, and filing deadlines run in the background.

At Bernard Law Group, we carry that pressure for your family so you can grieve:

• We start the records early. Our attorneys and staff move quickly to request the police report, the Medical Examiner’s findings, and the scene evidence — before it is lost, overwritten, or thrown out.
• We prove real value. Our case results include a $27 million wrongful death verdict against a city transit agency after a truck crash that killed a child. Past results depend on the facts of each case and do not guarantee or predict a future outcome.
• Clients tell it best. Read reviews and testimonials from families who came through a hard case with us.
• We find every party at fault. A fatal wreck that looks like one driver’s mistake can trace back to a second driver, a trucking company, a property owner, or a road agency that let a hazard sit. If a passenger vehicle was involved, your claim overlaps a standard car accident case — and we follow each thread to every insurer that should be paying.
• You pay only if it works. We take wrongful death cases on a no-win, no-fee basis — no fee up front, and a fee only if we recover for you.

If your loss came from someone else’s actions, the deadlines are already running. Tell us what happened in a free case review, or first get to know founder Kirk Bernard and the awards and recognition behind the firm.

What Is a Wrongful Death Claim in Washington?

A wrongful death claim is a civil lawsuit brought when a person dies because of someone else’s wrongful act, neglect, or default. It is set out in RCW 4.20.010.

A wrongful death claim is not a criminal charge. The State can bring criminal charges, but only the family, through the estate, can bring a civil claim for money. The two can happen at the same time, and one does not depend on the other. A civil claim can also succeed even if no one is charged with a crime.

Washington also has “survival” statutes. Under RCW 4.20.046 and RCW 4.20.060, the claims the person could have brought while alive, such as for their own pain before death, can survive and be pursued by the estate. In many Seattle cases, the family brings both a wrongful death claim and a survival claim together.

What Should You Do After a Fatal Accident in Seattle?

Get the official records early and file a report. In fatal cases, they take time to come through.

Here is what actually happens on the ground in Seattle:

• The police report. If Seattle Police or the Washington State Patrol responded, they write a collision or incident report. In fatal crashes, these reports are held longer while the investigation continues, so they can take several weeks or more. You can learn how to request one from the Seattle Police collision page and the Washington State Patrol collision records page.
• The Medical Examiner. The King County Medical Examiner’s Office reviews sudden, violent, or unexpected deaths in the county. Its office sits at 908 Jefferson Street, on the Harborview Medical Center campus. The office decides on cause and manner of death and, when needed, performs an autopsy.
• The reports you may need. The Medical Examiner’s autopsy and investigator reports can matter a lot in a claim. An attorney requesting them for you must include written permission from the next of kin or personal representative, and current cases can take several months to complete, per the office’s records request page.

Because these records take time, and because evidence at a crash site or property does not last, it helps to talk with a lawyer early so nothing important is lost.

What Are the Common Causes of Wrongful Death in Seattle?

Wrongful death claims come from many kinds of events. What they share is a death that a careful person or company could have prevented. Here are the causes we see most often, and how each one tends to play out in and around Seattle.

• Traffic crashes. Car, truck, and motorcycle crashes are the most common cause, and they are often tied to speeding, drunk driving, or distracted driving. On fast, wide roads like Aurora Avenue North and Rainier Avenue South, the higher the speed, the more likely a crash is to be deadly.
• Pedestrian and bicycle deaths. People walking or biking have almost no protection when a driver speeds or fails to yield. In Seattle, people on foot and on bikes make up a large share of all traffic deaths, even though they are in only a small share of crashes.
• Unsafe workplaces and construction sites. Falls, heavy machinery, and being struck by equipment cause deaths on job sites across the region. A workplace death can involve both a state workers’ compensation claim and a separate claim against a company other than the employer, such as a contractor or equipment maker.
• Dangerous or defective products. A faulty vehicle part, workout machine, or household product can fail and kill someone who did nothing wrong. These cases often turn on the product’s design or a missing warning, and they may be brought against the maker.
• Unsafe property conditions. A death can follow poor security, unsafe stairs or walkways, a fire, or a drowning. These premises liability claims look at whether the property owner kept people reasonably safe.
• Medical mistakes. Surgical errors, missed diagnoses, and medication errors can all lead to a preventable death. Medical cases follow their own, shorter filing deadline, which is one reason to check the timeline early (see the deadline section below).

Who Can Be Held Responsible?

A wrongful death case does not always come down to one person or company. Depending on what caused the death, several parties may share responsibility, and identifying each one can make a significant difference in the compensation a family may recover.

• Drivers: A negligent, distracted, impaired, or reckless driver may be responsible for a fatal crash.
• Trucking companies: A trucking company may share liability when poor hiring, inadequate training, unsafe practices, or other company decisions contribute to a deadly collision.
• Vehicle or product manufacturers: A manufacturer may be responsible when a defective vehicle, part, or other product contributes to the death.
• Property owners: Owners or businesses may be liable when dangerous property conditions contribute to a fatal accident.
• Employers: An employer may be responsible when an employee causes a fatal accident while performing work-related duties.
• Medical providers: In some cases, negligent medical care may contribute to a person’s death, potentially creating a medical malpractice claim.
• Government entities: A city, county, or other government agency may share responsibility when a dangerous road design, inadequate maintenance, or known hazard contributes to a fatal accident.

Determining who is responsible often requires a careful investigation of the accident, records, witness accounts, and other evidence. A wrongful death lawyer can help identify all potentially liable parties and determine how their actions contributed to your loved one’s death.

Attorney Insight: A fatal drunk driving crash in Seattle may involve more than the impaired driver

Late-night crashes near Seattle’s nightlife areas, such as Capitol Hill, Pioneer Square, Ballard, and the stadium district after a game, sometimes trace back to a driver who was served well past the point of intoxication. When alcohol is part of a deadly crash, the impaired driver is rarely the only party worth a close look. If the driver had been drinking at a bar, restaurant, or tavern before the crash, the claim may call for a different review than a standard two-vehicle case.

Under RCW 66.44.200, a licensed business may not serve alcohol to a person who is apparently under the influence. When a business breaks that rule and the over-served customer then causes a fatal crash, the business itself can be held responsible to the people harmed. The same is true for any establishment that serves alcohol to someone under 21.

This does not erase the driver’s responsibility. It can add a second source of recovery, and often an important one, because a bar or restaurant usually carries business liability coverage that is far larger than a personal auto policy. There is a limit worth knowing: Washington applies this to commercial sellers, and to anyone who serves a minor, but it does not hold a private host liable for serving an adult guest.

How Much Is a Seattle Wrongful Death Case Worth?

There is no set amount. There is no set amount for a wrongful death case in Washington. Under RCW 4.20.010, eligible beneficiaries may recover economic and noneconomic damages, with the amount determined by the court or jury based on the circumstances of the case. 

Damages usually fall into two groups:

• Economic losses. Funeral and burial costs, medical bills from the final injury or illness, and the income and financial support the family has lost.
• Non-economic losses. The loss of the person’s love, companionship, care, and guidance, and the pain the person suffered before death.

No amount of money replaces a person. The goal of a claim is to ease the financial weight so the family can move forward.

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

In most cases, you have three years from the date of death to file a wrongful death lawsuit in Washington under RCW 4.16.080. Missing the deadline can prevent the family from recovering compensation. Some exceptions and different deadlines may apply depending on the circumstances of the case, so it’s important to determine the applicable deadline as soon as possible. 

Pitfall Alert

When a government body may share fault, the normal three-year window is not the whole picture. You may first have to present a tort claim and wait 60 days before filing suit, under RCW 4.96.020 for local governments and RCW 4.92.110 for the state. A crash on a state road like Aurora Avenue or a hazard on public property can trigger these rules. Sending your claim to the wrong agency does not count, so it helps to confirm early who owns and maintains the road or property.

Because the deadlines can be shorter and more complex than they first appear, it is safer to talk with a lawyer soon rather than wait.

Do You Need a Lawyer for a Wrongful Death Claim?

You are not required to have one, but these cases are hard to handle alone, and the other side will have its own lawyers and adjusters.

Adjusters often work to lower or deny the claim. They may argue the person who died was partly at fault, question the medical records, or offer a quick, low settlement while the family is still grieving. An early offer can look like relief but may fall far short of the real, long-term losses. A lawyer can push back on these tactics, gather the proof, and negotiate from a stronger position.

Why These Cases Are Legally Complex

Wrongful death claims involve several moving parts that are easy to get wrong:

• Naming the correct personal representative and opening the estate through King County Superior Court before filing
• Combining a wrongful death claim with a survival claim under RCW 4.20.046 and RCW 4.20.060
• Spotting when a government body shares fault and meeting the special claim rules and deadlines
• Getting Medical Examiner and police records that can take months to arrive
• Proving lost future income and the value of a person’s care and guidance
• Sorting out coverage when more than one insurance policy or defendant is involved

How We Prepare a Case for Trial

Most claims settle, but the ones that settle for full value are the ones the other side believes will go to trial. Insurers tend to pay more when the file is complete, the facts are locked down, and the lawyer has a record of trying cases. So we build every case as if a jury will decide it, even when one never does.

• We preserve evidence early. Proof fades fast. Skid marks wash away, damaged vehicles get repaired or scrapped, and electronic data can be recorded over. We move quickly to secure the scene, the vehicle’s data, the police report, and the King County Medical Examiner’s findings before any of it is gone.
• We work with the right experts. Fatal cases often turn on questions a jury cannot answer on its own. We bring in crash reconstruction specialists to show how a wreck happened, medical experts to explain the cause of death, and economists to put a dollar figure on lost income and support. 
• We build the full picture of the loss. Money is only part of it. We document the family’s financial losses, such as lost income and benefits, and the personal losses, such as the care, guidance, and companionship the person can no longer give.
• We are ready to try the case. If the other side will not offer a fair result, we are prepared to take the case to trial in King County Superior Court. That readiness, backed by a real trial record, is often what turns a low offer into a fair one.

How the Claim Process Works

A Seattle wrongful death claim usually moves through seven stages, from investigation to a possible trial in King County Superior Court. Most cases settle before trial, but each one follows the same general path:

1. Investigate and gather records. We collect the proof early, including the police report and the Medical Examiner’s findings.
2. Identify who is responsible. We name everyone who may share fault and put them and their insurers on notice.
3. Handle any government claim. If a government body is involved, we file the required tort claim and wait the required 60 days before suing.
4. File the lawsuit. We file the case, usually in King County Superior Court at the King County Courthouse.
5. Move through discovery. Both sides exchange information, records, and sworn testimony.
6. Try to settle at mediation. A neutral third party helps both sides work toward a fair settlement.
7. Go to trial if needed. If no fair offer comes, we present the case to a jury.

How Do You Choose a Wrongful Death Lawyer in Seattle?

Look for a lawyer who has handled wrongful death cases before, has taken cases to trial, and knows the local courts and agencies. Price alone is a poor guide, since most wrongful death lawyers work on the same no-win, no-fee terms. What really sets them apart is experience and results.

Here is what to check before you hire:

• Experience with fatal cases, not just injury cases. Wrongful death has its own rules, from naming the personal representative to pairing a wrongful death claim with a survival claim. Ask how many of these cases the lawyer has handled.
• A real trial record. Insurers offer more when they know a lawyer is willing to go to trial. Ask whether the firm tries cases or only settles them.
• Knowledge of Washington law. The lawyer should be at ease with the state’s wrongful death and survival statutes and the estate steps that come first.
• Local experience. A lawyer who knows King County Superior Court, the King County Medical Examiner, and how Seattle Police and the State Patrol handle fatal crash reports can keep a case moving.
• The resources to prove your case. Strong cases need experts, such as crash reconstruction specialists and economists. Ask whether the firm can pay for that work up front.
• Clear terms and communication. You should understand the fee, get straight answers, and know who is handling your case. A reputable firm puts its no win, no fee terms in writing.

When you’ve lost someone you love, you deserve a legal team that understands both the law and what your family is going through. Our wrongful death attorneys bring experience handling serious injury and wrongful death cases, along with the resources to investigate complex claims, work with qualified experts, and stand up to insurance companies. Our no-win, no-fee approach means you can focus on your family while we pursue the compensation you deserve. 

Our Case Results

Numbers can never undo a loss, but strong results can ease the financial weight and hold the responsible party accountable. Over the life of the firm, we have recovered more than $500 million for our clients, including families who lost someone in a sudden, preventable death. The examples below come from fatal-injury and wrongful death cases, including claims against a city agency and a major vehicle maker:

• $27 million verdict — a wrongful death case against a city transit agency after one of its trucks struck and killed a child.
• $18.5 million settlement — a client was seriously hurt when a dump truck made an illegal U-turn across an Interstate 5 on-ramp near Harrison Avenue in Centralia.
• $12.5 million settlement — a King County Metro bus driver drove onto a sidewalk, struck the victim, and left the scene. The victim suffered life-altering injuries, including the loss of a leg and a need for lifelong care.

Disclaimer: Past results do not guarantee, warrant, or predict a future outcome. Every case is unique and depends on its own facts and legal circumstances.

What Our Clients Say

When I got out of the vehicle, I was rear-ended. I had a broken leg, broken in three places, my knee was broken in two places. It was professional all the way through and that was very helpful. If had it to do over again, I would definitely hire the Bernard Law Group.

– Alice Johnson

I was in a head-on car accident, and the person that hit me had no car insurance. I had uninsured motorist insurance, but my insurance company didn’t return my phone calls, didn’t seem to care, so I called Kirk Bernard. Kirk Bernard did more than get justice for me. He hit a home run!

– James Parshall

We were stopped at a red light, and a gentlemen came off and hit us. I had back surgery in January of 2008 and that alone was a hundred and seven thousand dollars. Bernard Law Group was there with me every step of the way. I just felt really at ease going with someone that I thought would really help us and I feel like Bernard Law Group helped us fantastically.

– Lashalle Jones

Disclaimer: These testimonials are not a guarantee, warranty, or prediction of the outcome of your case.

Areas We Serve

From our Seattle office on Aurora Avenue North, we help families across the region, including the following locations:

• Seattle 
• Bellevue
• Bellingham 
• Everett
• Federal Way
• Kent 
• Kirkland
• Olympia 
• Redmond 
• Renton
• Spokane 
• Tacoma 
• Vancouver 
• Wenatchee 
• Yakima

Helpful Local Resources

These public agencies handle the records, reports, and claim steps thatEach link goes to an official state, county, or city page.

Death records and the investigation

• King County Medical Examiner’s Office: reviews sudden, violent, or unexpected deaths and sets the cause and manner of death.
• Medical Examiner records requests: how to request the autopsy and investigator reports (next-of-kin permission is required).
• Order a King County death certificate: needed for insurance, benefits, and closing accounts.
• Order a Washington State death certificate: the statewide vital records office.

Police and crash reports

• Seattle Police collision reports: how to request a Seattle collision or incident report.
• Washington State Patrol collision records: for crashes on state routes and freeways, such as Interstate 5.

Courts and claims against a government

• King County Superior Court, King County Courthouse: where most Seattle wrongful death lawsuits are filed, at 516 Third Avenue.
• File a claim against the City of Seattle: the first step if a city street, vehicle, or employee may share fault.
• File a claim against King County: covers King County Metro buses and other county operations.

We share these public resources for your convenience. We do not endorse them and do not profit from them.

Frequently Asked Questions

What is the difference between a wrongful death claim and a survival claim?

A wrongful death claim covers the family’s losses after the death, such as lost support and companionship, under RCW 4.20.010. A survival claim covers what the person themselves went through before dying, such as their pain, under RCW 4.20.046. Many Seattle families bring both together.

Who is the “personal representative,” and how are they appointed?

The personal representative is the person allowed to file the claim for the estate. If there is a will, it usually names them. If not, a family member can ask King County Superior Court to appoint them. Only this person may bring the wrongful death claim under RCW 4.20.010, so this step often comes first.

Does the Medical Examiner’s report matter for my case?

The King County Medical Examiner determines the cause and manner of death, which can be central to proving fault. An attorney requesting these reports for you needs written permission from the next of kin, and current cases can take several months to finish.

What if my loved one died on a state road like Aurora Avenue?

A crash on a state highway such as Aurora Avenue North (SR-99) can raise questions about road design or upkeep, which may bring the state into the case. Claims against the State of Washington must first be presented, with a 60-day wait before suit, under RCW 4.92.110. These rules are strict, so early legal help matters.

How much does it cost to hire a Seattle wrongful death lawyer?

At Bernard Law Group, wrongful death cases are handled on a no win, no fee basis. That means no upfront legal fees. The fee comes as a percentage of the recovery, and you owe nothing in legal fees if there is no recovery. Consultations are free, so there is no cost to learn where you stand.

Talk With a Trusted Seattle Wrongful Death Lawyer

If you lost a loved one because of someone else’s actions, you do not have to sort out the legal side alone. We can review what happened, explain your options, and take on the paperwork, agencies, and insurers for you.

Contact the Bernard Law Group any time, day or night, by requesting a free case review. There is no fee unless we recover money for you.

Bernard Law Group 900 Aurora Ave N, Suite 100 Seattle, WA 98109 Phone: 206-752-4517

Attorney Review and Office Information

A licensed attorney at Bernard Law Group reviewed this page to confirm that it reflects current Washington wrongful death law, including the statutes and court rules in effect when it was written. When you hire our firm, your case is handled from start to finish by attorneys who are licensed and in good standing with the Washington State Bar Association. Because laws and court rules can change over time, please treat this page as general information and speak with a lawyer about the facts of your own case.

Bernard Law Group, Seattle Office 900 Aurora Ave N, Suite 100 Seattle, WA 98109 Phone: 206-752-4517

Other Practice Areas We Handle in Washington

Bernard Law Group represents injured people and grieving families across Washington in many kinds of cases, including:

• Car accidents
• Motorcycle accidents
• Pedestrian accidents
• Bicycle accidents
• Slip and fall accidents
• Dog bites
• Rideshare (Uber) accidents