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July 15th, 2025
When a loved one is taken too soon because of someone else’s negligence or recklessness, the loss is overwhelming. While no legal action can undo that pain, Washington law does provide families a way to seek justice—and a measure of financial stability—through a wrongful death claim. At the heart of that process is something called wrongful death damages.
At Hess Injury Law, we help families in Walla Walla understand their rights after a tragedy. This guide explains the types of damages that may be available in a wrongful death case, who can pursue them, and how working with an experienced attorney can make a meaningful difference during a very difficult time.
In Washington, a wrongful death occurs when someone dies due to another person or entity’s negligent, careless, or intentional actions. Common examples include fatal car accidents, medical errors, unsafe conditions on someone else’s property, or dangerous products.
Under RCW 4.20.010, a wrongful death claim allows certain family members to recover compensation for both the economic and emotional impact of the loss. These recoverable losses are collectively referred to as wrongful death damages.
Wrongful death claims must be brought by the personal representative of the deceased person’s estate. If the person left a Will, this representative is typically named in it. If not, the court will appoint someone—often a spouse or adult child.
The people entitled to recover damages include:
Even though only one party can file the claim, multiple family members may be entitled to receive a share of the compensation.
Washington law allows families to pursue a range of damages designed to address the financial losses and emotional hardship that follow a wrongful death. These fall into two main categories: economic damages and non-economic damages. A separate but related type of claim—called a survival action—may also apply.
These damages are intended to compensate for tangible, measurable losses.
If the person received medical treatment between the time of injury and death—such as hospitalization, surgery, or emergency care—those expenses may be recoverable.
Reasonable funeral, cremation, and burial expenses are typically included in a wrongful death settlement.
This includes:
Courts often consider the age, occupation, and earning potential of the deceased when calculating this category of damages.
These damages reflect the emotional toll and disruption to daily life caused by the loss of a loved one.
If the person did not pass away immediately, the estate may be entitled to compensation for the pain and suffering they endured prior to death.
Spouses, children, and others may be awarded damages for the loss of the deceased’s love, companionship, mentorship, and emotional support.
While not awarded in every case, damages for emotional distress may be available in certain circumstances—particularly when survivors witnessed the accident or death.
Washington also recognizes a separate claim known as a survival action, governed by RCW 4.20.046. This allows the estate to recover the damages the person would have been entitled to pursue had they survived.
These may include:
Survival actions are commonly filed in conjunction with wrongful death claims to ensure all bases are covered.
Washington is one of the few states that does not allow punitive damages in wrongful death cases. That means families cannot recover money purely to punish the at-fault party, even in cases involving gross negligence. However, full compensation for both financial and emotional losses is still possible and often significant.
Wrongful death damages are based on a number of factors, including:
No two cases are alike. A careful, detailed analysis is necessary to determine the full value of a claim.
In Washington, the statute of limitations for a wrongful death lawsuit is three years from the date of death. Missing this deadline typically means losing the right to recover damages.
It’s important to speak with a lawyer as early as possible—not just to meet the deadline, but to preserve critical evidence, secure witness statements, and begin building a strong case.
At Hess Injury Law, we’re committed to helping families in Walla Walla find answers, accountability, and a path forward. We handle the legal process with care and professionalism, allowing you to focus on healing.
When you work with our firm, we will:
Our goal is simple: to honor your loved one’s life by pursuing the justice your family deserves.
If you’ve lost a loved one due to someone else’s actions, you may be entitled to recover wrongful death damages. While the legal process can’t ease the pain of your loss, it can provide stability and a sense of resolution.
Let Hess Injury Law help. We offer consultations to walk you through your options. And if we take your case, we don’t charge any legal fees unless we recover compensation for you.
Based in Walla Walla. Serving families throughout Southeast Washington.
Contact us today to learn more about how we can help your family move forward.
Disclaimer: The content of this blog is for informational purposes only and does not constitute legal advice. It should not be relied upon as a substitute for professional legal counsel.
Peter J. Hess grew up in Walla Walla, Washington. He is a 1996 graduate of Walla Walla High School and a 2000 graduate of the University of Washington, with a B.A. in Business Administration/Information Systems.
Peter graduated from Willamette University College of Law, with honors, in 2007. While at Willamette, he was an Associate Editor of the Willamette Law Review, he was a Teacher’s Assistant for a Legal Research and Writing professor, and he worked as a Personal Injury Law Clerk at Swanson, Lathen, Alexander & McCann in Salem, Oregon. After graduation from Willamette, Peter began working here at Hess Injury Law. In 2012, he became a partner in the firm. He is licensed to practice law in both Washington and Oregon.