Who Can File a Wrongful Death Claim After a Foster Child’s Death in Washington?

Eligible beneficiaries can seek certain wrongful death damages after a foster child dies due to someone else’s wrongful act, neglect, or default. Hire a Washington foster care wrongful death law firm that understands the process and is ready to advocate for you and your family.

When a foster child dies, they leave behind grieving parents and deep personal and financial losses. Fortunately, the law may allow the child’s estate personal representative to take legal action by filing a wrongful death lawsuit. In certain circumstances, a qualifying parent or guardian may also bring or join an action.

Experienced legal counsel is critical to making a strong claim for the compensation you and your family deserve. If you have a relative who died in foster care, talk to our compassionate Washington foster care wrongful death attorneys. We can assist with all aspects of your claim from start to finish.

Who Has Standing to File a Wrongful Death Claim in Washington?

Washington law allows the personal representative of the deceased child’s estate to file a wrongful death lawsuit if the child died due to someone else’s wrongful act, neglect, or default. The main objective of a wrongful death lawsuit is to seek economic and non-economic damages on behalf of certain statutory beneficiaries, such as the child’s spouse, domestic partner, or children. If none of these survivors exist, parents or siblings may recover if they meet applicable legal requirements.

The law therefore distinguishes between the person who files the lawsuit (the personal representative) and the family members who may receive wrongful death damages. Importantly, a biological or foster parent of the deceased child does not automatically have the right to file the lawsuit. The personal representative generally files the lawsuit on behalf of the beneficiaries. In some cases, however, a parent or legal guardian can bring or join an action.

If a foster child with whom you had a relationship died, you should speak with a knowledgeable Washington foster care wrongful death attorney about the process for filing a claim. Your attorney can also advise you on naming the personal representative of the deceased child’s estate.

Can a Foster Child’s Biological or Foster Parents File a Wrongful Death Claim?

Whether biological or foster parents can file or join a lawsuit depends on the applicable statute, including whether they can qualify as the estate’s personal representative or bring or join a lawsuit. A separate but related question is whether the biological or foster parents may qualify as beneficiaries of any wrongful death damages that the personal representative recovers.

The state’s wrongful death statute specifies that parents may benefit from a wrongful death action if the deceased foster child had no spouse, domestic partner, or children at the time of their passing. But the statute does not specifically identify foster parents as beneficiaries simply because they provided foster care.

It’s therefore important that foster parents not assume they will benefit from a wrongful death action merely on the basis of their caregiving relationship to the child. The child’s legal relationships to other individuals matter. So additional legal circumstances, for instance whether the foster parents formally adopted the child, may need to be considered. Ask a skilled Washington foster care wrongful death lawyer for more information.

How Does Washington Law Determine Who Can Recover Damages Following a Foster Child’s Death?

The main factor that Washington law considers in answering this question is the child’s relationship to other individuals. Under the wrongful death statute, primary consideration is given to a spouse, domestic partner, or child of the deceased foster child. Only if the deceased had none of these survivors will the parents and siblings of the foster child be considered as possible beneficiaries.

A separate statute may allow a parent or guardian to bring or join an action for a foster child’s death if certain requirements are met, such as there being no surviving spouse, domestic partner, or children. For a child who is a minor, the law generally requires evidence that the parent or guardian regularly contributed to the child’s support prior to the child’s death. This statute may allow foster parents specifically to bring an action, based on the circumstances.

Frequently Asked Questions

What potential damages are available from a Washington wrongful death lawsuit?

The available damages depend on the applicable statute and the unique facts surrounding the foster child’s death. They generally include both economic damages (quantifiable financial losses stemming from the child’s death) and non-economic damages (more personal, intangible losses).

Parents may be able to ask for damages to compensate them for:

• The deceased child’s final medical expenses
• Loss of the child’s services and financial support
• Other applicable economic losses
• Loss of the child’s love, companionship, and emotional support
• Damage to or destruction of the parent-child relationship due to the death

It’s important to emphasize that foster parents, in particular, do not automatically qualify as parents or legal guardians entitled to bring an action or recover damages just because they provide care to the child. Biological parents’ eligibility must also be evaluated under the applicable statutory requirements.

How does one become the personal representative of the deceased child?

Becoming the personal representative in Washington state essentially requires appointment through the probate process in Superior Court. More specifically, the steps include:

• Determine whether the child died with a will (died testate): If the child left a will naming a personal representative, often called an executor, the court will consider that person. If not, the court will appoint an estate administrator to serve in this role.
• File a probate petition: An eligible individual files a probate petition and supporting information with the correct Superior Court. This formally begins probate.
• The court names the personal representative: This again depends largely on whether the child had a will at the time of death. If the child died without a will, the law prioritizes certain relatives, including the parents. Foster parents do not automatically receive priority, but a court may consider their circumstances when making the decision.
• Obtain appointment documents: Once the court names the personal representative, it issues documents commonly called letters testamentary or letters of administration. These authorize the individual to serve as personal representative.

Is being named personal representative the same as being a beneficiary of wrongful death damages?

No, the two are legally distinct. Being a personal representative does not mean that the same person is necessarily eligible to receive wrongful death damages. The personal representative files the wrongful death lawsuit. The beneficiaries are separately determined by the applicable statute.

Helping Your Family Seek Justice After the Death of a Foster Child

If your loved one was a foster child who died due to someone else’s actions, our experienced Washington foster care wrongful death lawyers are ready to guide you during this difficult time. You may be entitled to receive wrongful death compensation, and we can help you explore your legal options. Get started with Truitt and Lyons today.