In common law countries such as the United States and Canada, pursuing a claim for wrongful death, or a fatality caused by the negligence or otherwise wrongful act of another, was not possible. This was the case because the deceased had no legal rights under the common law. This changed in 1846 as the United Kingdom passed legislation through Parliament that allowed for relatives of the deceased to pursue a claim on their behalf. Naturally, this idea spread throughout the world relatively quickly as countries and states recognized the need for justice and compensation when a life was wrongfully lost.
Since 1909, Washington State has recognized the right of some family members to recover for the death of a spouse or child, but it wasn’t until 2019 that the legislature updated the law to allow parents (and siblings) to recover for the loss of their adult children. Prior to the 2019 amendments (SB 5163), parents of an 18 year-old child who died wrongfully had no ability to pursue a claim.
There are still some gaps in the law. Long-time partners without legal status cannot recover. Fiancées cannot recover. Punitive damages are not allowed, at least not in the state of Washington. It’s up to the citizens of the State to determine whether or not additional changes should be made, and as the law changes, we’ll keep you updated.