Federal Way Wrongful Death Lawyer
Losing a loved one is one of the most devastating experiences anyone can face. When that loss happens because of someone else’s negligence or wrongful act, the pain is often magnified by confusion, anger, and financial uncertainty. Families in Federal Way can find themselves grieving while also facing mounting expenses, lost income, and a search for answers.
At Brumley Law Firm, we understand that no legal action can replace your loved one’s presence. What we can do is stand with you and pursue justice and financial stability so you can grieve without also fearing for your family’s future. Our Federal Way personal injury attorneys handle every case with compassion, respect, and determination. Call (833) 740-2275 for a free, confidential consultation.
Why Choose Brumley Law Firm?
- We handle these cases with care. Every wrongful death claim involves both legal and emotional challenges, and we treat your family accordingly.
- A proven track record. Our firm resolved more than 300 cases in the past year, pursuing the full compensation available under Washington law.
- We know the other side. Founder Joshua Brumley began his career on the insurance-defense side, so we know how insurers try to minimize these claims.
- No fees unless we win. We work on a contingency fee basis. You pay nothing up front and nothing in attorney’s fees unless we recover for your family.
Meet Federal Way Wrongful Death Attorney Joshua Brumley
Joshua Brumley is the founder and lead attorney of Brumley Law Firm. He began his career on the insurance-defense side, which gives him firsthand insight into how insurers assess and fight these claims. He now uses that experience to stand up for grieving families across Washington.
Joshua has been recognized as a Super Lawyers “Rising Star” for four consecutive years (2020 through 2023) and has received the Avvo Clients’ Choice Award. He is a University of Washington graduate, holds an MBA, and has served as a pro-tem judge. You can review his credentials on his attorney bio page or verify his license through the Washington State Bar Association. Brumley Law Firm was also ranked No. 292 on the 2026 Inc. 5000, placing it among the top 6% of companies on the list.
What Our Clients Say
“Brumley Law was phenomenal. They took the time to help me understand what was happening every step of the way, and treated my family with real compassion during the hardest time of our lives.” — Brooke P. (5 stars)
“Josh Brumley and his team are incredible. They were prompt, professional, and compassionate. I highly recommend Brumley Law Firm to anyone in need of legal assistance.” — Sabrina T. (5 stars)
Read more client testimonials.
What Is a Wrongful Death Claim in Washington?
A wrongful death claim is a civil action brought when a person dies because of the wrongful act, neglect, or default of another. Under RCW 4.20.010, the claim is filed by the personal representative of the deceased person’s estate, on behalf of the family, to recover the economic and non-economic losses the family suffered because of the death.
A wrongful death claim is separate from any criminal case. A criminal case punishes the wrongdoer; a wrongful death claim compensates the family. Both can proceed at the same time, and a wrongful death claim can succeed even if no criminal charges are filed.
Who Can File and Who Can Recover?
Washington law separates two roles:
Who files. Only the court-appointed personal representative of the estate can file the lawsuit. That person is usually named in the deceased’s will or appointed by the court.
Who recovers. RCW 4.20.020 sets out the beneficiaries in two tiers:
- First tier: the surviving spouse or state-registered domestic partner, and the children or stepchildren of the deceased.
- Second tier: if there is no first-tier beneficiary, the parents or siblings of the deceased.
Washington expanded this law in 2019. Parents and siblings no longer need to have been financially dependent on the deceased or living in the United States in order to recover. That change opened the door to many families who previously had no claim, and most competitor pages still describe the old, narrower rule.
Washington also recognizes related claims. A survival action under RCW 4.20.046 lets the estate recover the losses the deceased personally suffered before death, such as pre-death medical bills and pain. Parents may have a separate claim for the death of a child under RCW 4.24.010. Sorting out which claims apply is one of the first things we do.
Common Types of Wrongful Death Cases in Federal Way
Wrongful death claims can arise from many kinds of negligence, including:
- Car, truck, and motorcycle accidents caused by another driver’s negligence
- Fatal pedestrian and bicycle crashes
- Workplace incidents due to unsafe conditions
- Medical malpractice, including misdiagnosis or surgical errors
- Premises liability, such as unsafe property conditions
- Defective products or equipment failures
- Intentional acts that cause death
Proving a Wrongful Death Claim
To succeed, we must establish the same four elements as any negligence case:
- Duty of care. The responsible party owed the deceased a duty of care.
- Breach. They breached that duty through a negligent, reckless, or intentional act.
- Causation. That breach directly caused the death.
- Damages. The death caused measurable losses to the beneficiaries.
We build that proof through police and accident reports, medical and autopsy records, witness statements, and expert testimony.
What If My Loved One Was Partly at Fault?
Washington follows a pure comparative negligence rule. If the deceased was partly at fault, your family’s recovery is reduced by their percentage of fault, but you are not barred from recovering. For example, if the deceased was found 20 percent at fault, the recovery is reduced by 20 percent. Insurers often try to overstate the deceased’s share, and we push back with evidence.
Compensation in a Wrongful Death Claim
A wrongful death claim can compensate your family for both financial and personal losses:
Economic damages:
- Loss of the financial support and income the deceased would have provided
- Funeral and burial expenses
- Loss of benefits, such as health insurance or a pension
- Medical bills from the deceased’s final injury or illness, through the survival action
Non-economic damages:
- Loss of love, companionship, and consortium
- Loss of the care, guidance, and protection the deceased provided
- The family’s grief and emotional suffering
Washington does not cap non-economic damages. The state Supreme Court struck down damage caps, so there is no statutory ceiling on what a family can recover for these losses. (Note: Washington does not award separate punitive damages in these cases; the recovery is based on the family’s actual losses.)
How Long Do You Have to File in Washington?
The statute of limitations for a wrongful death claim in Washington is generally three years from the date of death, under RCW 4.16.080. Some situations can change that window, such as claims against government entities. It is best to speak with an attorney as soon as you are able, both to protect the deadline and to preserve evidence.
Wrongful Death Claims in Federal Way
Fatal crashes in the Federal Way area happen most often on I-5 and on major arterials like SR 99 (Pacific Highway South) and SR 161. When a death follows a serious injury, victims are often first treated at St. Francis Hospital in Federal Way. A wrongful death lawsuit arising in Federal Way is filed in King County Superior Court, and cases from South King County are frequently heard at the Maleng Regional Justice Center in Kent.
Fatal Accidents in Washington: The Numbers
- Washington recorded 659 traffic deaths in 2025, down from a 33-year high of 809 in 2023, but still well above pre-pandemic levels.
- The Washington Traffic Safety Commission attributes most traffic deaths to four preventable behaviors: impaired driving, speeding, distraction, and not wearing a seat belt.
- The Washington State Department of Transportation tracks fatal crash data for Federal Way and King County every year through its Crash Data Portal.
What Is the Process for Filing a Wrongful Death Claim?
- Preserve records. If your loved one initially survived, make sure all medical care and records are preserved.
- Consult an attorney. Meet with us to assess your family’s rights and who the beneficiaries are.
- Investigation. We gather records, interview witnesses, and consult experts.
- File the action. We prepare and file the wrongful death claim under Washington law.
- Negotiation. We pursue a fair settlement with the insurers and liable parties.
- Litigation and trial. If the offer is not fair, we take the case to court.
- Recovery. When the case resolves, the recovery goes to the statutory beneficiaries.
Frequently Asked Questions
Who can file a wrongful death claim in Washington?
The claim is filed by the court-appointed personal representative of the deceased’s estate. The compensation goes to the statutory beneficiaries, first a spouse or domestic partner and children, and if there are none, the parents or siblings.
How long do I have to file a wrongful death claim in Federal Way?
Generally three years from the date of death, under RCW 4.16.080. Some situations, such as claims against a government entity, can change that deadline, so it is best to speak with an attorney early.
How is a wrongful death settlement divided among family members?
There is no rigid formula. Damages are awarded based on each beneficiary’s actual loss, and the personal representative distributes the recovery to the beneficiaries.
Does Washington cap wrongful death damages?
No. Washington does not cap non-economic damages. The state Supreme Court struck down such caps, so there is no statutory ceiling on damages for a family’s loss.
How much does a Federal Way wrongful death lawyer cost?
Brumley Law Firm works on a contingency fee basis. You pay nothing up front and nothing in attorney’s fees unless we recover for your family. The consultation is free.
Contact a Federal Way Wrongful Death Lawyer Today
No amount of money can replace the person you lost. But holding the responsible party accountable can bring a measure of justice and protect your family’s future. Let us carry the legal burden so you can focus on your family.
Call Brumley Law Firm at (833) 740-2275 or use our online form for a free, confidential consultation. There is no fee unless we win.
Federal Way Practice Areas
- Federal Way Personal Injury Overview
- Bicycle Accident
- Brain Injury
- Bus Accident
- Car Accidents
- Distracted Driving Accident
- DUI Accident
- Hit and Run Accident
- Motorcycle Accidents
- Pedestrian Accidents
- Premises Liability
- Rear End Accident
- Spinal Cord Injury
- Truck Accidents
- Uber & Lyft Accidents
- Uninsured & Underinsured Motorist Accident
- Wrongful Death