Kent Wrongful Death Attorney
Losing someone to another party’s carelessness leaves a family with grief and a set of financial and legal questions at the same time: who is responsible, who is allowed to bring a claim, and how long that claim stays open. Injury Law Group NW handles wrongful death cases for families in Kent and throughout King County, working to hold the responsible driver, company, property owner, or medical provider accountable while the family concentrates on each other.
A Kent wrongful death attorney has to sort out several things that are not obvious from the outside. Washington does not let just any relative file. The claim is brought by the personal representative of the estate, and the law sets out who benefits from it. Different statutes sit side by side, covering the family’s losses and the losses the person suffered before dying. And the cause of death may be a highway crash on SR 167 or I-5, a warehouse or construction site accident, or a hospital error, each of which brings in a different set of defendants and insurers.
The sections below walk through how these cases work in Washington, the situations that most often lead to them, what to do in the first weeks, and the questions Kent families ask us most.
Why Families Choose Injury Law Group NW for Wrongful Death Claims
Injury Law Group NW is a personal injury firm that represents people hurt by someone else’s negligence and the families of those who did not survive. We serve Kent, Renton, Seattle, the Eastside, and the rest of King County, and our practice is built around personal injury work, including wrongful death. We handle these cases on a contingency fee basis, so there is no attorney fee unless we recover money, and the first consultation is free and confidential. If a family member is in the hospital or cannot easily travel, we will come to your home or meet at the hospital.
What sets the firm apart is where our lawyers learned the work. Troy Hunter, our founding partner, spent 16 years in insurance defense litigation, mostly as a partner at Floyd, Pflueger & Ringer, defending insurers and their corporate clients against wrongful death, injury, and other claims. David D. Mordekhov spent two decades at Gardner Trabolsi & Mordekhov, a Seattle defense firm, trying wrongful death and catastrophic injury cases before judges and juries. Both are rated AV Preeminent by Martindale-Hubbell. David has been selected to the Super Lawyers list and teaches trial and deposition skills as faculty at the National Institute for Trial Advocacy, and Troy also serves as a dispute mediator. Associate attorneys Warren Barreiro and Hannah Shergold complete the team, and the firm is a member of the Washington State Association for Justice. Our attorneys have argued at every level of the Washington court system, from district court to the Washington Supreme Court.
In a death case, that background matters because the insurer on the other side has usually already decided how it will value the claim. We know what records adjusters ask for, how reserves get set, and when a carrier is bluffing about going to trial. We prepare every claim as though it will be tried, because insurers pay more fairly when they believe the lawyer across the table will actually try the case.
Results bear this out. We recovered more than $1 million for parents whose newborn died after a hospital failed to adequately test for Group B Strep, and the case also led the hospital to change its procedures. We have also obtained mid-six-figure settlements for a family of five whose minivan was forced into the I-5 center barrier by a semi-truck and for an elderly woman struck by a transit bus in a downtown Seattle crosswalk. Past results do not guarantee a future outcome. Clients describe the team as responsive, honest, and quick to explain what is happening, and our case managers return calls and texts promptly. David is fluent in Russian and has represented Russian and Ukrainian speaking families, and Warren speaks Spanish.
Situations That Lead to Wrongful Death Claims Near Kent
- Highway and Arterial Crashes: Kent sits between SR 167, I-5, and SR 516 and the busy Central Avenue and James Street corridors, and fatal collisions here often involve distracted drivers, speeding, or impaired drivers. A driver found over the legal alcohol limit, or over the THC limit, is strong evidence of negligence, though the claim still has to be built on causation and damages.
- Semi-Truck and Delivery Vehicle Collisions: The warehouse and distribution district in the Kent Valley generates heavy truck traffic. These cases can involve the driver, the carrier, a broker, and a shipper, plus federal safety rules on hours of service, maintenance, and loading.
- Bus and Pedestrian Fatalities: Transit buses, crosswalk crashes, and drivers who fail to yield near Kent Station and along the Meeker and Smith Street areas can take a pedestrian’s life. Claims against a public transit agency or other government body follow special notice rules.
- Motorcycle and Bicycle Deaths: Riders on the Green River Trail crossings and county roads are exposed when drivers turn across their path or open doors without looking. Insurers often try to shift blame onto the rider, which is why fault evidence matters early.
- Construction and Job Site Deaths: Falls, trench collapses, electrocutions, and crane or forklift accidents can lead to claims against contractors, owners, or equipment makers other than the employer. These third-party claims can provide compensation that workers’ compensation does not.
- Medical Errors: Missed diagnoses, surgical mistakes, medication errors, and failures in newborn care can be fatal. These cases require expert review and have their own filing deadlines under Washington’s medical negligence statute.
- Dangerous Property Conditions: Unsafe stairs, poor lighting, unsecured pools, and neglected buildings can cause fatal falls or other deaths for which a property owner or manager may be responsible.
- Defective Products and Dog Attacks: A faulty vehicle part, appliance, or machine can be the cause of death, and Washington holds dog owners liable for bites in public places or on property where the victim was lawfully present, without requiring proof that the dog was previously dangerous.
Who Can Bring the Claim and What Washington Lets a Family Recover
Washington’s wrongful death statute is more specific than most families expect. The action is maintained by the personal representative of the deceased person’s estate, and it is brought for the benefit of particular relatives: the surviving spouse or state registered domestic partner and the children, including stepchildren. If there is no spouse, partner, or child, the claim can be brought for the benefit of the parents or siblings. Parents also have a separate cause of action for the injury or death of a child. Because these tiers control who actually receives compensation, a dispute over who qualifies can change the entire shape of a case.
Two related claims often run together. Under the general survival statute, the estate can pursue losses the person suffered before death, and a special survival statute applies when an injury leads to death. Together with the wrongful death claim, these can cover medical and funeral expenses, the financial support and services the person would have provided, and the loss of love, companionship, and guidance that the family has suffered.
Fault works as it does in other injury cases. Washington applies comparative fault, so a finding that the person who died bore some share of the blame reduces the recovery proportionately but does not bar it. Insurers sometimes lean on this by pointing to a pedestrian’s location or a driver’s speed, and part of our job is to test those claims against the physical evidence, witness accounts, and the other party’s own conduct.
Immediate Steps and Deadlines for Kent Families
The first priority is practical: keep records and avoid statements. Ask for copies of the police or collision report from the agency that responded, and keep the names of any witnesses. Save medical records, bills, funeral invoices, photographs, and messages. Do not give a recorded statement to the other party’s insurer, and do not sign releases or accept early payments before speaking with a lawyer. Adjusters may call within days, and what a grieving relative says can be used to reduce the claim later.
The time limit is firm. A wrongful death action in Washington generally must be started within three years, counted from the date of death. An action is considered started by filing or serving the summons and complaint, but the other step has to follow within 90 days, or the filing may not stop the clock. Some cases have different clocks. A claim based on a medical error has its own timing rules, including a one-year discovery provision and an outer limit of eight years, and a written good-faith request for mediation before filing can extend that period by a year. A product claim has its own deadline, and a claim tied to defective construction is subject to a separate six-year limit after the work is substantially complete.
If a public body may be responsible, such as a city, county, school district, or transit agency, a formal claim must be presented before suit can be filed, using the standard tort claim form, and email or fax generally does not count as delivery. Local government claims must be presented to the entity’s designated agent, and a lawsuit cannot be filed until 60 calendar days after presentment. Claims against the state go through the Office of Risk Management and carry the same 60-day wait. These steps are easy to get wrong, which is a good reason to call a lawyer early.
Most wrongful death cases arising in Kent are filed in King County Superior Court, which sits at the Maleng Regional Justice Center in Kent and at the King County Courthouse in Seattle. Superior Court guidance indicates that matters involving people south of Seattle and I-90 are generally heard at the Kent location. District court claims are capped well below the value of most death cases, so these claims belong in Superior Court. Where federal law or the parties’ residence makes it appropriate, a case can also land in the U.S. District Court for the Western District of Washington in Seattle.
How a Wrongful Death Case Differs From the Criminal Case and From Workers’ Compensation
Families are often confused by the relationship between the civil claim and any criminal prosecution. If a driver is charged with vehicular homicide or DUI, that is the State’s case, brought to punish the driver. It does not compensate the family. The civil wrongful death claim is separate, can proceed whether or not there is a criminal charge, and uses a lower standard of proof. A criminal outcome can help or complicate the civil case, but one does not depend on the other.
Workplace deaths raise a similar confusion. Survivor benefits through the state workers’ compensation system are generally the exclusive remedy against the employer, but they do not end the analysis. A separate claim against a negligent contractor, property owner, equipment maker, or driver who is not the employer can add compensation that workers’ compensation does not provide. Identifying those outside parties early is one of the most valuable things a lawyer can do.
Questions Kent Families Ask About Wrongful Death Claims
How long do we have to file a wrongful death lawsuit in Washington?
Generally three years from the date of death. Medical negligence, product, construction-related, and government claims can follow different rules, and filing and service must be completed within 90 days of each other. Because the exact deadline depends on how the death happened, it is best to speak with a lawyer well before the three-year mark.
Who is allowed to file the claim?
The personal representative of the estate files on behalf of the statutory beneficiaries. Those are the spouse or registered domestic partner and children, or, if none, the parents or siblings. If no estate has been opened, that is usually the first thing to fix.
What can a family recover?
Medical and funeral costs, the financial support and household services the person would have provided, and the loss of love, companionship, and guidance. The estate may also recover for losses the person suffered between the injury and death. The value depends on the person’s age, earnings, family relationships, and the available insurance.
What if my loved one was partly at fault?
Washington’s comparative fault rule reduces the recovery by the percentage of fault assigned to the person who died, but it does not eliminate the claim. Adjusters often overstate that percentage, so the evidence deserves a careful second look.
How much does it cost to hire your firm?
The consultation is free and confidential. We work on contingency, which means no attorney fee unless we recover compensation for your family.
Do we need a criminal conviction to bring a civil claim?
No. The civil claim is independent of any prosecution, and it can proceed even if no one is charged or if the criminal case ends differently than you hoped.
The at-fault driver was drunk. Does that change the case?
It can strengthen the evidence of negligence. A driver with an alcohol concentration of 0.08 or higher within two hours of driving is committing DUI under Washington law, and blood or breath results, along with a THC level of 5.00 or higher, are powerful evidence. We still have to connect the impairment to the crash and document the family’s losses.
Can my parents or siblings file if the person who died had no spouse or children?
Yes, in that situation the statute allows the claim for the benefit of the parents or siblings. Parents also have a separate action for the death of a child, so the specific facts decide which route applies.
The death involved a city bus or a county road. Is it harder?
It adds a required step. A formal claim must be presented to the right government agent on the standard form, and suit cannot be filed until 60 calendar days later. The three-year limit is paused during that waiting period, but missing the presentment requirement can end the case.
How long does a wrongful death case take?
It varies. Cases with clear fault and adequate insurance may resolve in months, while cases involving disputed liability, multiple defendants, or medical experts can take much longer. We prepare as though trial is coming, which tends to move insurers toward fair offers sooner.
Will the insurance company make an early offer, and should we take it?
Early offers are common and usually come before the full extent of the family’s losses is known. Accepting one typically requires signing a release that ends all claims. We recommend having a lawyer evaluate any offer before you respond.
Can we handle the claim in a language other than English?
Yes. Attorney David Mordekhov is fluent in Russian and Attorney Warren Barreiro speaks Spanish, and we regularly help Russian, Ukrainian, and Spanish speaking families.
Serving Kent and Surrounding King County Communities in Wrongful Death Cases
From downtown Kent and the Kent East Hill through the West Hill, Panther Lake, and the valley floor along the Green River, we represent families throughout the city and the surrounding South King County area. We also serve families in Renton, Covington, Auburn, Federal Way, Des Moines, SeaTac, Tukwila, Maple Valley, and Black Diamond, as well as Seattle and the Eastside communities of Bellevue, Redmond, Kirkland, Sammamish, and Issaquah.
Our work reaches across King County and the greater Puget Sound region, and when a family member is hospitalized or unable to travel, we can meet at home or at the hospital. Whether the death happened on a South King County arterial, at a job site in the Kent Valley, or in a hospital elsewhere in the region, we can take on the claim for your family.
Talk With a Kent Wrongful Death Lawyer About Your Family’s Claim
If someone you love died because of another party’s negligence, a Kent wrongful death lawyer at Injury Law Group NW can explain who may bring the claim, which deadlines apply, and what your family may be able to recover. We will listen to what happened, review the evidence, and tell you plainly what we see. There is no fee unless we recover compensation, and the first conversation costs nothing.
Call or text Injury Law Group NW to schedule a free, confidential consultation. We give hope. We get results.
