When wrongful death happens, someone should be held accountable. The people left behind are left to pick up the pieces, pay funeral expenses, and face a loss of income. In Washington, it is your right to seek compensation for your loss and hold the person responsible for the wrongful death accountable for their actions.

When an accident is fatal, the victim isn’t there to seek justice and compensation. Wrongful death suits give surviving family members a case of an action to file a claim for wrongful death.

What is wrongful death?

The definition of wrongful death is an unnatural death resulting from an injury or incident due to negligence or wrongful actions. It does mean that it rises to a criminal act with intent. However, in some cases, separate criminal charges may apply.

Types of Accidents That Lead to Wrongful Death

Any accident that leads to a fatality can qualify as wrongful death. The most common accidents that result in deaths include:

  • Pedestrian-Involved Accidents
  • Car Accidents
  • Truck Accidents
  • Motorcycle Accidents
  • Bike Accidents
  • Electrical Accidents
  • Dog Attacks
  • Drowning
  • Workplace Accidents
  • Slip and Fall
  • Defective Products

The negligent party involved in a wrongful death should be held accountable and liable for their actions. A wrongful death claim may include negligence, product liability, or premise liability. Defendants can involve individuals or businesses. Also, multiple parties can be liable for the wrongful death, including:

  • Drivers
  • Automobile Companies
  • Property Owners
  • Product Manufacturers
  • Employees
  • Employers
  • State, County, or Local Governments

Who can file a wrongful death suit?

In Washington, only certain people can file a wrongful death claim. The beneficiaries in a wrongful death suit include:

  • Spouse
  • Partner
  • Children
  • Step-Children

If a victim has none of those listed, parents and siblings can file a claim. However, they must be dependent on the victim for support.

How long do I have to file a wrongful death claim?

The statute of limitations for wrongful death in Washington is three years from the date of the death. In some cases, it could be even shorter. It is one of the most important reasons why having an experienced wrongful death attorney on your side is so critical to a case.

Personal injury claims in Washington have the same statute of limitations. If a victim passes away later due to their injuries in the accident, then the statute of limitations may run from the date of the accident rather than the date of the death.

What are the damages in a wrongful death claim?

Damages include financial losses and non-economic damages that happen due to wrongful death. The damages include:

  • Funeral Expenses
  • Burial Costs
  • Loss of income and wages
  • Loss of Support
  • Loss of Services

The value of wrongful death claims is calculated using Washington government guidelines and based on many factors, including damages.

Economic damages. These are the hard costs and expenses in a wrongful death suit. It includes final medical bills and funeral expenses. It may consist of the loss of wages.

Non-economic damages. Non-economic damages include the pain and suffering of the victim before death and the loss of companionship for the survivor. Not all costs are tangible.

When judges determine compensation in a wrongful death suit, they consider many factors. The amount of damages reflects the impact on the deceased person’s beneficiaries. If you were wholly dependent on your loved one, then you will likely receive more than if you both made the same income.

Lost earning potential and the life expectancy of the deceased person are also significant factors.

How do I prove a wrongful death claim?

Proving any personal injury case is complicated. When a fatality is involved, it becomes that much harder. The best plan of action is to hire an experienced wrongful death attorney because you must prove your family member was killed because of the actions of another party.

Duty. You must establish that someone had a responsibility for your family member, and duty is sometimes hard to prove. And, sometimes it’s not. For example, if your loved one was killed in a high-speed accident, you only have to prove that the guilty party didn’t maintain their duty to drive carefully.

Breach of Duty. You must prove that the person that caused your family member’s death breached a duty that resulted in that fatality. Using the same example, in a high-speed crash, it must be proven that the guilty party failed to obey traffic law while driving.

Causation. You must prove that the breach of duty led to the death of your loved one. For instance, even if you can prove that the person breached a duty if you can prove it led to the death of your loved one, then a wrongful death claim will be unsuccessful.

Damages. Damages are one of the easiest things to prove in a wrongful death lawsuit because it comes after you’ve established your entire case. You need a wrongful death attorney to get to this point. It is not a road you want to go alone, and even when it comes to damages, a lawyer ensures you get the compensation you deserve.

You Aren’t Alone

The death of a loved one is a hard road. When the death is due to someone else’s negligence, it becomes that much harder. You do not have to take this journey alone. The Everett, WA, Strong Law team is here to answer your questions and listen to your concerns. We will evaluate your case for free and guide you through the complex process. We will also advocate for you and your family so that you aren’t alone.

Contact us today, schedule a free consultation, and take the first steps towards seeking the compensation and justice that you deserve.