Tacoma Wrongful Death Lawyers Pursuing Justice for Grieving Families

When tragedy strikes, families in Tacoma often find themselves navigating emotional devastation, unanswered questions, and overwhelming legal uncertainty. If your loved one’s death resulted from someone else’s negligence, whether in a traffic collision, a workplace accident, or due to dangerous property conditions, you may have grounds to pursue justice through a wrongful death claim under Washington law. These claims not only seek accountability but also provide vital financial compensation that helps families move forward.

The Bernard Law Group represents grieving families throughout Tacoma and Pierce County who are dealing with the aftermath of preventable loss. Our wrongful death attorneys understand the emotional and legal challenges these cases bring. We’re here to guide you through the process, protect your rights, and hold negligent parties responsible. If your family is facing the unimaginable, you don’t have to go through it alone.

Call (206) 752-2233 or contact us online for a free consultation. We never charge legal fees unless we win your case.

How Wrongful Death Claims Work Under Washington Law

Understanding how wrongful death claims operate in Tacoma is essential for families seeking justice after a tragic and preventable loss. These claims are governed by specific Washington statutes that outline who may file, what types of damages are available, and how liability is determined. Filing a wrongful death lawsuit is about more than just financial compensation. It serves to hold negligent individuals, businesses, or agencies accountable and encourages safer practices that protect others in the community.

The Bernard Law Group has decades of experience handling wrongful death cases in Pierce County and beyond. Our legal team helps families understand their rights under Washington law, investigates the facts behind each fatal incident, and builds a case aimed at maximizing recovery for survivors.

For a detailed legal overview, visit the Washington State Legislature’s RCW § 4.20.010, which defines wrongful death under state law.

What Constitutes a Wrongful Death in Tacoma

Under Washington law, a wrongful death occurs when someone dies as a result of another party’s negligent, reckless, or intentional actions. This may include fatal car accidents, pedestrian collisions, dangerous property conditions, defective products, or medical malpractice. If the deceased would have had a valid personal injury claim had they survived, then their surviving family members likely have a valid wrongful death case.

According to the Washington State Bar Association, proving a wrongful death claim requires the same legal foundation as any negligence case. The plaintiff must show that the defendant owed a duty of care, breached that duty, and directly caused the death. This framework is critical in establishing legal fault and recovering damages.

Who Has the Right to File a Wrongful Death Claim

Not everyone who grieves the loss of a loved one has legal standing to file a wrongful death lawsuit. Washington law specifies that only certain individuals, primarily close family members, may bring these actions forward. The claim is formally filed by the personal representative of the deceased’s estate, but is done so on behalf of eligible beneficiaries.

For a full list of who may qualify, review RCW § 4.20.020, which outlines eligible beneficiaries under Washington’s wrongful death statute.

Spouses and Domestic Partners

Surviving spouses and state-registered domestic partners are given top priority in Washington wrongful death claims. They may seek compensation for both economic and non-economic damages, including lost income, medical expenses, and the emotional trauma of losing a partner. The Washington State Department of Social and Health Services offers additional resources for grieving spouses, including mental health counseling and survivor support programs.

Children and Stepchildren

Biological and adopted children are also eligible beneficiaries. Stepchildren who were financially dependent on the deceased may qualify as well. Courts will examine the nature of the relationship, as well as any documentation showing support, to determine eligibility. For guidelines related to child survivor benefits and support, visit the Social Security Administration’s Survivors Benefits page.

Parents and Siblings in Special Circumstances

If the deceased has no spouse, domestic partner, or children, surviving parents or siblings may be eligible to recover damages. In these cases, the law often requires that the parent or sibling demonstrate some form of dependency on the deceased. The Washington Courts Self-Help Center provides helpful information for extended family members exploring their legal options.

Survival Actions Versus Wrongful Death Claims

In some cases, families may also pursue a “survival action” in addition to a wrongful death claim. This type of lawsuit allows the estate to recover damages the deceased could have claimed if they had survived the incident, such as medical expenses, lost wages, and pain and suffering endured before death.

Under RCW § 4.20.046, these claims are filed by the estate’s personal representative and may be joined with a wrongful death suit to increase the scope of recoverable damages. Survival actions are especially important in cases where the victim survived for a period of time before succumbing to their injuries, such as after a delayed fatality in a truck accident or a prolonged hospital stay following a slip and fall incident.

Joining Wrongful Death and Survival Actions in a Single Case

Washington courts allow both wrongful death and survival claims to be combined into a single lawsuit. This is often the most efficient strategy, as it avoids multiple court proceedings and enables families to pursue comprehensive compensation. The American Bar Association provides continuing legal education materials that offer deeper insight into how these claims are structured and litigated across jurisdictions.

Time Limits and the Statute of Limitations in Washington

Every wrongful death case is governed by a strict statute of limitations. In Washington, this deadline is generally three years from the date of death. Failing to file within this timeframe may permanently bar the family from pursuing any legal action, no matter how strong the case.

You can verify these time constraints through the Revised Code of Washington Civil Procedure Title 4, which provides statutory deadlines and procedural requirements for civil claims. Families should contact a Tacoma wrongful death attorney as soon as possible to avoid missing this critical window.

Common Causes of Wrongful Death in Tacoma

Fatal accidents happen in Tacoma every year due to a wide range of preventable factors. From speeding on Interstate 5 to unsafe working conditions at industrial job sites, these tragic events often stem from negligence. When someone else’s careless or reckless behavior leads to the death of a loved one, surviving family members may have the right to seek justice under Washington’s wrongful death statutes. Understanding how these incidents happen is essential for identifying who may be held legally accountable.

At Bernard Law Group, we have handled Tacoma wrongful death claims arising from car crashes, construction site incidents, defective products, medical malpractice, and more. Our legal team works closely with forensic experts, accident reconstruction specialists, and medical professionals to investigate exactly what went wrong and who was responsible.

For regional traffic statistics, consult the Washington Traffic Safety Commission’s crash dashboard and the National Highway Traffic Safety Administration, which provide annual fatality reports and safety insights.

Deadly Car Accidents on Tacoma’s High-Speed Roads

Car crashes remain one of the leading causes of wrongful death in Tacoma. Roads like I-5, SR-16, and Pacific Avenue experience heavy commuter traffic, frequent congestion, and high-speed collisions. These crashes often involve drunk driving, distracted operation, or reckless lane changes. In fatal cases, families may bring a wrongful death claim against the at-fault driver or even against a vehicle manufacturer if mechanical failure contributed to the accident.

The Insurance Institute for Highway Safety confirms that speeding and alcohol impairment are present in over half of all traffic-related deaths. Tacoma’s high-crash corridors mirror these national patterns and require urgent safety improvements. For real-time crash data, explore the Washington State Department of Transportation Crash Data Portal.

Distracted and Impaired Driving Lead to Fatalities

Mobile device use while driving continues to pose a significant threat to Tacoma residents. Despite Washington’s hands-free law, many motorists still text, navigate apps, or use phones behind the wheel. The Centers for Disease Control and Prevention reports that distracted driving is responsible for thousands of deaths annually and disproportionately affects younger drivers.

Impaired driving remains another top contributor. The National Institute on Alcohol Abuse and Alcoholism offers detailed resources on the link between alcohol consumption and fatal car crashes, which often result in wrongful death claims.

Pedestrian Fatalities in Dangerous Intersections

Tacoma’s pedestrian infrastructure has struggled to keep up with population growth and traffic density. Intersections such as South 38th Street, Portland Avenue, and Martin Luther King Jr. Way have become high-risk zones where crosswalks are inconsistent and lighting is poor. When drivers fail to yield to pedestrians or speed through residential neighborhoods, the result is often catastrophic.

The Federal Highway Administration notes that improved lighting and signal timing can dramatically reduce pedestrian deaths, yet many Tacoma streets lack these basic safeguards. Families pursuing a wrongful death claim may hold the at-fault driver accountable, and in some cases, may also have a claim against the city for failing to maintain safe crosswalks.

Lack of Infrastructure Increases Risk

Sidewalk gaps, unmarked crosswalks, and inadequate signage are frequently cited in Tacoma pedestrian fatalities. The National Association of City Transportation Officials recommends best practices for urban pedestrian safety, including raised intersections, curb extensions, and signalized crossings, all tools that remain underutilized in many Pierce County neighborhoods.

Fatal Workplace Accidents in Tacoma’s Industrial Sector

Tacoma is home to shipping yards, construction zones, and manufacturing facilities where safety violations can turn deadly. When workers are killed due to unsafe conditions, lack of training, or defective equipment, families may have the right to file a wrongful death lawsuit in addition to workers’ compensation claims. In many cases, third-party contractors, equipment manufacturers, or property owners share liability.

According to the Occupational Safety and Health Administration (OSHA), falls, electrocution, and equipment-related trauma are among the top causes of workplace fatalities nationwide. OSHA’s Fatal Four falls, struck-by incidents, caught-in/between accidents, and electrocutions are especially prevalent on Tacoma’s construction sites.

Suing for Negligence Beyond Workers’ Compensation

While workers’ compensation benefits are limited, Washington law allows surviving families to bring civil claims against non-employer third parties. This may include subcontractors, property owners, or manufacturers of unsafe machinery. The Washington State Department of Labor & Industries outlines workers’ rights following fatal incidents on the job.

Defective Products That Lead to Fatal Injuries

Some wrongful deaths are caused not by another person, but by dangerous consumer products. From malfunctioning brakes to unsafe medications, defective items can cause fatal harm when manufacturers fail to ensure safety through proper testing, labeling, or design. Product liability wrongful death claims aim to hold manufacturers, distributors, and retailers accountable for preventable tragedies.

The Consumer Product Safety Commission (CPSC) maintains a searchable database of recalled products and safety hazards. Families who suspect a defective product caused their loved one’s death should review this database and seek immediate legal counsel.

Auto Defects and Mechanical Failures

Vehicle recalls due to defective airbags, seatbelts, or ignition switches are frequent triggers for wrongful death claims. In such cases, the liable party may not be the driver but the manufacturer. The National Highway Traffic Safety Administration’s recall portal helps consumers identify known vehicle defects linked to fatal outcomes.

Medical Negligence Resulting in Death

When healthcare providers make fatal errors, surviving families may file a wrongful death lawsuit against the hospital, physician, or nursing home responsible. Common forms of medical malpractice include surgical errors, misdiagnosis, medication mistakes, and delayed treatment. Washington law allows wrongful death claims in cases where a provider failed to meet the accepted standard of medical care.

For clinical definitions and statistics, the Agency for Healthcare Research and Quality provides information on avoidable medical errors. Additionally, the National Institutes of Health highlights the importance of early diagnosis in conditions like cancer or stroke, where delayed intervention often proves fatal.

How Liability Is Determined in a Tacoma Wrongful Death Case

Establishing legal liability is the most critical part of any wrongful death claim in Tacoma. Under Washington law, the person or entity whose negligence caused a fatal accident may be held financially responsible for the harm suffered by surviving family members. But proving liability in a wrongful death case is rarely straightforward. These lawsuits often involve complex evidence, multiple parties, and aggressive insurance defense tactics aimed at minimizing responsibility.

At Bernard Law Group, our Tacoma wrongful death attorneys conduct thorough investigations to uncover the truth behind every fatal incident. Whether the case involves a deadly car crash, an unsafe job site, or negligent medical care, we build strong cases using accident reconstruction, expert testimony, and legal strategy tailored to Washington’s fault-based system.

Washington’s Negligence Law and Duty of Care

In Washington, wrongful death claims are grounded in the legal doctrine of negligence. This means that the defendant must have owed a duty of care to the deceased, breached that duty, and caused the death as a direct result of their actions. This legal test applies to drivers, property owners, healthcare professionals, employers, and even government agencies.

The legal definition of negligence in Washington is explained in RCW § 4.22.005, which also outlines the state’s pure comparative fault rule, a system that allows victims to recover compensation even if they were partially at fault.

Duty of Care in Different Contexts

Each type of wrongful death case involves a different form of duty:

• Drivers must operate their vehicles safely and follow traffic laws
  
• Property owners must maintain safe premises for lawful visitors
  
• Employers must follow OSHA safety regulations on worksites
  
• Doctors must meet the accepted standard of medical care

Failing to meet these duties may constitute a legal breach. For example, if a trucking company failed to maintain its fleet or hired an unqualified driver, that company may be liable for any resulting fatal crash. Learn more about legal duties from the American Bar Association’s tort law overview.

Investigating the Cause of Death and Gathering Evidence

To prove liability in a Tacoma wrongful death case, attorneys must collect and analyze extensive evidence. This often includes police reports, eyewitness statements, security footage, black box data, safety inspection records, and medical reports. Expert witnesses such as accident reconstructionists, safety engineers, or physicians may also be called to explain how the death occurred and who was at fault.

In fatal truck crashes or pedestrian accidents, traffic camera footage and cell phone records are often critical. For workplace deaths, OSHA reports and jobsite logs play a major role. In medical negligence claims, expert testimony is used to evaluate whether the provider deviated from the standard of care.

The National Institute of Justice offers insight into how forensic evidence is used in both criminal and civil investigations, including wrongful death litigation.

The Role of Expert Witnesses in Tacoma Wrongful Death Cases

Expert testimony often makes the difference between winning and losing a wrongful death claim. At Bernard Law Group, we work with credentialed specialists in fields such as accident reconstruction, toxicology, biomechanics, and vocational analysis. These experts help explain technical issues to judges and juries in clear, persuasive terms.

The Federal Rules of Evidence and Washington’s corresponding standards guide how expert opinions may be introduced in court.

Comparative Fault and Shared Responsibility in Washington

Washington follows a pure comparative fault model, which means that multiple parties can share responsibility for a wrongful death. Even the deceased can be assigned a percentage of fault. However, this does not bar recovery; it simply reduces the total compensation based on the share of responsibility.

For instance, if a driver was 80 percent responsible for a pedestrian’s death, and the pedestrian was found to be 20 percent responsible, the family could still recover 80 percent of their total damages. This system ensures that partial blame does not completely prevent surviving families from obtaining justice.

More details about how Washington’s comparative fault system works can be found on the Washington State Legislature’s RCW § 4.22.005 page.

How Insurance Companies Use Comparative Fault Tactics

Insurers often attempt to use comparative fault to reduce or deny payment. They may argue that the deceased was distracted, jaywalking, failed to wear a helmet, or assumed the risk of injury. These arguments must be aggressively challenged with factual evidence and legal precedent.

Resources from the National Association of Insurance Commissioners explain common insurer tactics and consumer rights in contested liability cases.

When Government Entities May Share Liability

In some Tacoma wrongful death claims, the city, county, or state government may be partly responsible. This includes deaths caused by dangerous road conditions, missing signage, faulty traffic lights, or hazardous public property. Government agencies can be sued, but the process involves strict notice requirements and time-sensitive procedural rules.

Before suing a government agency, families must submit a formal tort claim to the Washington State Office of Risk Management, usually within 60 days of the incident. This notice is mandatory, and failure to follow the rules can invalidate the claim.

Proving Public Negligence Through Prior Complaints and Maintenance Records

One way to prove government liability is by showing that the agency knew of the danger but failed to act. Public records such as maintenance logs, 911 calls, citizen complaints, and previous crash data can be powerful evidence in these cases. The Washington Public Records Act allows families to obtain these documents through public disclosure requests.

Speak With a Tacoma Wrongful Death Attorney Today

Losing a loved one unexpectedly is one of the hardest experiences a family can face. When that loss was preventable, caused by a negligent driver, careless employer, reckless property owner, or unsafe conditions, you have the right to demand accountability. A Tacoma wrongful death claim may provide not only financial compensation but also a path toward justice and closure.

At Bernard Law Group, our attorneys represent grieving families across Tacoma and Pierce County with compassion, skill, and determination. We investigate fatal accidents thoroughly, build powerful legal claims, and push back against insurance companies that try to avoid responsibility. If you are struggling with the aftermath of a wrongful death, we are ready to fight for you.

You do not have to face this alone. Call us today at (206) 752-2233 or contact us through our website to schedule a free consultation. There are no legal fees unless we win your case.

Let our team help your family pursue justice and hold those responsible fully accountable.