How long do I have to file a wrongful death lawsuit in Washington?

While wrongful death actions are not specifically addressed in Washington state law, the “any other injury to the person or rights of another not hereinafter enumerated” provision detailed in the Revised Code of Washington § 4.16.080(2) generally applies to wrongful death claims and limits a person to three years to file a claim. The one major difference between a wrongful death claim and a traditional injury claim is that the limitations period begins on the date of a person’s death, which may be several days, weeks, or months after the date of their fatal accident. The statute of limitations may be tolled, or delayed, in some cases. For example, the Revised Code of Washington § 4.16.180 allows for a limitations period to be delayed if a defendant leaves the state or becomes concealed within it. Another possible way of delaying the statute of limitations in a wrongful death case is related to the so-called “discovery rule,” under which a person will have three years to file from the date that they discovered the actual cause of death. The discovery rule may be employed in a case in which scientific evidence reveals a negligent party several years after an accident originally occurred.