When the life of a family member is suddenly and tragically lost, the emotional and financial repercussions are overwhelming. When you learn that your loved one’s death was caused by the carelessness and negligence of somebody else, coping becomes even more difficult as you reconcile your grief, anger, financial burden and the legal logistics of a wrongful death claim.
At Hagens Berman, we provide families with the personal attention and strategic legal action that is required to successfully navigate a wrongful death claim. During your free initial consultation, we will help guide you through your legal options so that you can return your focus to the needs of your family.
WASHINGTON’S WRONGFUL DEATH LAWS
All 50 states have enacted their own versions of wrongful death statutes. Washington’s wrongful death statute states, “When a person’s death is caused by the wrongful act, neglect or default of another, his or her personal representative may maintain an action against the person causing the death for economic and noneconomic damages sustained by the beneficiaries …”
Hagens Berman’s team of Washington wrongful death lawyers will work tirelessly to hold the negligent party accountable for their actions. In such a traumatic situation, the grieving family shouldn’t have to face additional financial hardships.
ARE WRONGFUL DEATH CASES CIVIL OR CRIMINAL?
In a wrongful death case that involved a criminal action, like murder or homicide, both a criminal and a civil case must be made. The criminal case will be tried by the state of Washington and could lead to jailtime if the defendant is found guilty.
Wrongful death lawsuits are civil cases, and the defendant does not face jailtime as a result of the outcome. Rather, they are forced to pay a monetary sum for damages caused by the loss of life.
TYPES OF ACCIDENTS IN WRONGFUL DEATH CASES
An individual, business entity, not-for-profit corporation or unit of state or federal government can be held liable for a wrongful death. Here are just a few examples of some of the types of accidents that might be the basis for a wrongful death lawsuit:
- Auto, truck, motorcycle and boating accidents.
- Bicycle and pedestrian accidents.
- Slip-and-falls, trip-and-falls and falls from heights.
- Negligence of owners and occupiers of land.
- Accidents caused by dangerously defective products.
- Nursing home negligence.
- Medical malpractice
WHO CAN SUE FOR WRONGFUL DEATH DAMAGES?
State statutes differ as to who can file a wrongful death case. In Washington, RCW 4.20.020 states who can bring such an action. Every case is for the benefit of the decedent’s spouse, state registered domestic partner and/or children (including stepchildren) of the decedent.
If there is no spouse, registered domestic partner or children, the action may be brought for the benefit of any brothers or sisters of the decedent. If the tragedy involved the death of a child, each parent must regularly contribute to the support of the child to be eligible to file the case.
DAMAGES IN WASHINGTON WRONGFUL DEATH CASES
If the decedent’s personal representative has proved the case by a preponderance of the evidence, damages awarded would be paid to the decedent’s estate. If the decedent was a minor, they would be paid to the minor’s parents.
Some of the damages typically paid in a wrongful death claim include:
Economic Damages
- The final medical bills of the decedent that often financially overwhelm families.
- Costs of a funeral and burial that could be thousands of dollars.
- Lost financial support of the decedent by those who were financially dependent on him or her.
- Any damage to personal property.
Noneconomic Damages
- Any pain and suffering that the decedent experienced between the time of the accident and the time of death.
- The loss of the care, comfort, guidance and companionship of the decedent.
SURVIVAL ACTIONS
A person might suffer fatal injuries but not immediately pass away. The interim might be a few minutes, weeks or even months before the victim passes on. In these cases, a second count known as a survival action is often brought along with a wrongful death suit. It operates to seek compensation for injuries and damages that the decedent suffered when still alive prior to his or her death.
In such tragic cases, the victim often suffers severe pain and trauma. Had the decedent not died, he or she could have sought compensation for these injuries and damages. They become recoverable in a survival action that is part of a wrongful death case.
STATUTE OF LIMITATIONS ON WRONGFUL DEATH CLAIMS IN WASHINGTON
The statute of limitations for personal injury cases – including wrongful death cases - in the state of Washington is three years from the date of the accident. That is to say that if a wrongful death case isn’t filed within three years of the date of the accident, the decedent’s estate will likely be forever barred from seeking compensation. The same general rule applies to survival actions. Time is of the essence, so it is important to contact Hagens Berman for a free initial consultation and case review today.
CONTACT A SEATTLE WRONGFUL DEATH LAWYER TODAY
Selecting the right law firm to represent your wrongful death claim can mean the difference between a highly successful settlement with a path to closure vs. an ongoing nightmare that leaves the family in further turmoil.
The Hagens Berman wrongful death litigation team will take the time to personally invest in the wellbeing of your family. We have been noted for our meticulous preparation and tenacious presentation of compelling wrongful death cases resulting in highly favorable settlements and verdicts across the state. After our initial consultation, we will provide you with a comprehensive overview of your legal options.