The courts have also stated that the surviving parent or sibling need not be wholly or completely dependent on the deceased. Partial dependence has been deemed sufficient. But there must be enough evidence to prove "substantial financial dependence." The financial dependence must also occur at the time of death, as opposed to having occurred in the past or to occur at some point in the future.
In the case of second-tier beneficiaries, the question of what constitutes substantial financial dependence on the deceased is a factual issue. There are no hard and fast rules here, but usually substantial financial dependence may occur when the deceased was paying or contributing to a portion of the parent's or sibling's living expenses. However, the courts have stated that certain services provided by the deceased that one would expect to be provided by a family member may not be enough to show substantial financial dependence. This might include contributing to a common household where all family members reside. The courts have also held that "emotional" dependence is not enough, either. Without evidence of substantial financial dependence, the court will almost certainly dismiss the wrongful death action for failing to comply with the specific terms of the statute.
Washington's wrongful death statute can produce some very unjust results. For example, take the situation in which the person wrongfully killed is an adult who is unmarried and has no children. Even if the deceased had a close and loving relationship with his/her parents and siblings, the family could not recover damages in a wrongful death action unless they were also financially dependent on the deceased. It is safe to assume that the majority of single adults without children do not financially support other family members. So when a wrongful death occurs in this type of situation, no recovery can be made on behalf of the surviving relatives, no matter how egregious the conduct that led to the person's death. Even so, the death of an unmarried person with no children is no less painful or devastating to a surviving parent or sibling not receiving financial support than it is to a parent or sibling who was being supported by the deceased.
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See Mitchell v. Rice, 183 Wash. 402, 48 P.2d 949 (1935).
One exception to the "financial dependence" requirement is when the decedent is a minor child. In that situation, the surviving parents may bring a wrongful death action for the destruction of the parent-child relationship. However, to recover damages the parent must show that he or she contributed to the financial support of the child. This is discussed in Chapter __.
See Philippides v. Bernard, 151 Wn.2d 376, 88 P.3d 939 (2004).
Author Resource:
Seattle wrongful death attorney Chris Davis is the author of 'Wrongful Death in Washington State' a guide book for families that are trying to navigate the confusing legal process following the accidental death in Washington State of a loved one. He is the founder and principal lawyer at Davis Law Group, a Seattle personal injury law firm know for its innovative approach. You can learn more by visiting: www.DavisLawGroupSeattle.com.
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