Many states around the country allow these surviving family members of the deceased to file a wrongful death lawsuit in court. However, Washington law specifically requires that the personal representative, sometimes referred to as the executor, of the estate be the one to file the claim in court.
If the deceased individual had a will or an estate plan in place, then there will likely be a personal representative named in these documents. In the event there was no will or estate plan, or if the personal representative named cannot serve, the court will appoint a person to act as the executor. Often, family members are already named the personal representative in the will or named by the court, but that is not always the case.
Please note that even though the personal representative of the deceased is the one responsible for filing the row for death claim, any damages awarded as a result of a successful claim will be for the benefit of the deceased’s survivors.