Statute Of Limitations

What is the Statute of Limitations for a Wrongful Death Claim in Washington State?

Washington state law requires you to bring a lawsuit within a specified period of time if you believe you have been harmed by the wrongful conduct of another. This time period is called the statute of limitations. Failure to bring a lawsuit, or take the required legal action within that time period, may eliminate your right to recover damages if someone is liable. Therefore, please contact Brett Murphy immediately for a free consultation regarding your case. We are experienced wrongful death attorneys with the determination to work tirelessly for our clients’ rights.

In the state of Washington, the legislature enacted five separate statutes controlling the nature of legal actions for negligence-related deaths and the rights and damages of the victims of those actions. Two of the five statutes are “wrongful death” statutes; the other three statutes are known as “survival” statutes.

One of the two wrongful death statutes is the statute of limitations. A statute of limitations is a law defining the time limit within which a legal action must be commenced before the right to prosecute a claim is lost forever. Generally, wrongful death claims are governed by a three year statute of limitations.

One complexity of the wrongful death statue of limitations concerns minor children (less than 18 years old) related to the deceased. Generally, the statue of limitations for claimants under 18 years in personal injury actions does not expire until three years after they reach the age of majority (18 years). In wrongful death claims, there is no exception to the statue of limitations for claimants under 18 years old. The three year time period is the same for adult and minor beneficiaries.

Failure to settle a claim or bring a lawsuit within the time period extinguishes the victim’s family’s legal rights to recover damages for the loss of their loved one. If the time period expires, a court will dismiss the case without consideration of the case’s merits or the reasons for delay.

The traditional purposes of the statute of limitations rules were to bar claims for which “evidence has been lost, memories faded and witnesses disappeared”. Other justifications for such a law include allowing individuals to dispose of old records after a certain length of time; creating closure and certainty by allowing individuals to get on with their lives without legal intrusions from the past; insuring that neither party is prejudiced by undue delay; and discouraging stale and fraudulent claims.

Because of the complexities of the statutes governing wrongful death actions, the issues of timely actions to open estates and initiate litigation to avoid statute of limitation problems, and the expertise required to successfully prosecute death claims, individuals are encouraged to seek the assistance of experienced legal counsel as soon after the negligent death of a loved one as they can reasonably manage.

At Brett Murphy, we offer a free initial evaluation of your claim. Our attorneys give proactive attention to the needs of each family. Since insurance companies know our firm’s determination to litigate cases when a settlement offer is inadequate, we are usually able to resolve wrongful death claims through negotiation. Call the attorneys at Brett Murphy today at 360-714-0900 or 1-800-925-1875, or contact us through our online form.