How Are Wrongful Death Settlements Paid in Washington?
When a loved one dies in an accident due to another’s negligence, the emotional and financial burden can be overwhelming. In these cases, the eligible family members of the deceased can pursue a wrongful death lawsuit against the negligent party. Most cases settle out of court, but the wrongful death settlements must be paid in accordance with the state law.
If you have suffered the tragic loss of a loved one due to someone else’s fault, you need a top-rated Everett personal injury attorney team on your side to pursue maximum wrongful death damages. Your lawyer can explain to you the legal approaches to how wrongful death settlements are paid in Washington.
What Is a Wrongful Death Settlement in Washington?
A wrongful death settlement refers to the financial compensation that a liable party or their insurance company agrees to pay to the eligible surviving family members or the deceased’s estate. A settlement agreement concludes a legal claim for damages without going to trial.
Wrongful death claims in Washington are covered under the following state statutes:
- Wrongful death: RCW 4.20.010 – RCW 4.20.060
- Parents’ claim for a child’s wrongful death: RCW 4.20.010
- Survival actions: RCW 4.20.046
These statutes specify who can file a wrongful death claim, what type of damages may be claimed, and how the settlement amount will be distributed.
Who is Eligible to Receive a Wrongful Death Settlement in Washington?
Under Washington law, a well-defined priority system has been established to determine the recipients of a wrongful death settlement. The law makes a distinction between a wrongful death claim and a survival action. Depending on the facts of the case, these two actions may be pursued together or separately.
Wrongful Death Beneficiaries in Washington
Under RCW 4.20.020, the eligible parties that may receive a share of the wrongful death settlement include:
- Spouse or domestic partner (state registered)
- Children or step-children of the decedent
- If none of the above claimants exist, then parents or siblings could be eligible if they were financially dependent on the decedent
Beneficiaries of Survival Action
Under statutes RCW 4.20.046 and RCW 4.20.060, a survival action can be brought by a personal representative on behalf of the decedent’s estate. If financial damages, such as lost income and pain and suffering the decedent experienced prior to death, will be distributed through the estate based on the will (or intestate laws in the absence of a will).
How is a Wrongful Death Settlement Structured in Washington?
A wrongful death settlement in Washington can be structured in one of these ways:
Lump-Sum Amount
A lump-sum payment is the most common form of settlement. The insurance company (or the defendant) will pay a single, one-time amount to the estate or the eligible beneficiaries. The distribution of funds can be directly done into the beneficiaries’ accounts, or the settlement funds can be held in a trust for future disbursement.
Structured Settlement
When a structured settlement is agreed upon, the funds are distributed over time, such as monthly, quarterly, or yearly. This type of structured payout is more commonly used in cases of minors as beneficiaries or in cases where long-term financial support is required. These settlements are generally financed through annuities bought by the insurance company or the defendant.
Distribution of the Settlement Amount Among Beneficiaries
Wrongful death settlements in Washington may be divided based on:
Agreement Among the Beneficiaries
In a large number of cases, the beneficiaries and their wrongful death attorneys negotiate a fair distribution of the amount. Once a settlement distribution is finalized, it must be approved by the court.
Court Order
In cases where an out-of-court settlement is not reached among the beneficiaries, the court will hold a hearing to determine the apportionment of damages. While making this decision, the court will consider:
- A beneficiary’s extent of financial and emotional dependence on the decedent
- The natural relationship between the beneficiary and the decedent
- Whether the beneficiary suffered any specific losses, such as loss of support or companionship
Special Considerations for Minors
For beneficiaries below the age of 18, the courts in Washington must approve the settlement distribution. The court may decide upon a structured annuity or place the funds in a trust or a guardianship account to protect the best interests of the child.
Get Legal Representation from an Experienced Washington Wrongful Death Attorney
As an eligible survivor or a personal representative of the decedent’s estate, you have a right to pursue wrongful death damages from the at-fault parties. Strategic and compassionate representation from a personal injury attorney in Everett, WA, is important in these cases to negotiate a fair settlement with the insurance company or take the case to trial, if needed, for justice and compensation.
