Wrongful Death Suit Against a Governmental Entity in Washington State

Sometimes a wrongful death claim may exist against a governmental entity, like a town or city, municipality, county, or the state. It may not be immediately apparent that the defendant is a governmental entity (e.g., a transit or utility company) but it is very important to understand that many jurisdictions, including the state of Washington, have specific pre-filing laws for when a claim or lawsuit may be brought against a governmental entity.

In Washington, the plaintiff must first file and/or serve a separate claim form upon the governmental entity before a wrongful death lawsuit can be filed. The act of filing and presenting claims against a governmental entity can be very complex and confusing. Failure to strictly comply with this law is a costly mistake because the wrongful death lawsuit could be dismissed altogether. This is another reason why it is extremely important to consult with an experienced wrongful death attorney if one of the defendants may be a governmental entity.

Washington law also requires that the verified claim form be served on the authorized agent for that particular entity (i.e., town, county, state or governmental agency). The proper service of the valid claim form is also essential. There usually are only certain individuals who can actually accept service of the claim form. What this means is that if you serve the wrong person, your case could be later barred.

To be valid, the governmental claim form must also contain specific information. This will include: a description of the conduct and circumstances which brought about the injuries and death; the time and place the injury or damage occurred; the names of all persons involved; the residence of the claimant for a period of six months immediately before the claim arose; and a statement of the amount of damages claimed. Remember that a wrongful death claim brought on behalf of the deceased person’s estate and surviving relatives can be verified and presented only by the estate’s Personal Representative.

Once a claim form has been properly verified, presented, and served on the appropriate agent for the governmental entity, a period of 60 days must pass before a lawsuit can be initiated. Failure to wait 60 days is a fatal mistake that will invalidate the claim and result in the dismissal of the case. Every wrongful death case is complex, but filing and presenting claims against a governmental entity can be an even greater challenge, so it is wise to promptly consult with an experienced wrongful death attorney.