What Is Wrongful Death?
A wrongful death occurs when an individual dies due to the negligent or intentional acts of another. Some of the most common reasons for wrongful death are motor vehicle accidents, including motorcycle and truck accidents, pedestrian accidents, medical malpractice, and occasionally even traumatic brain injury. If a family member or someone you love has been the victim of a wrongful death, you may be legally entitled to pursue damages from the liable party on behalf of the estate. Because of the seriousness of wrongful death claims, you should always seek legal advice from a competent wrongful death lawyer prior to pursuing a claim or accepting a settlement offer.
What are the elements of a Wrongful Death Claim?
There are four elements of a wrongful death case:
- The defendant had a duty to the deceased
- The defendant breached that duty
- The death was caused by the defendant’s breach of duty
- The surviving relatives suffered damages as a result of the loss
Who can bring a Wrongful Death Claim?
In Washington, only certain relatives of the deceased may bring a wrongful death claim. They are:
- The surviving spouse, children, and step-children of the deceased
- Parents and siblings of a deceased adult who were substantially dependent on the deceased for financial support
- Parents of a deceased minor or adult child
- Others who have suffered a loss
What losses can be recovered in a Wrongful Death Claim?
Relatives of the deceased may be eligible to recover the following types of losses:
- Medical expenses
- Funeral and burial expenses
- The victim’s future financial earnings
- Loss of benefits and insurance
- General damages for pain and suffering
- Loss of companionship
Proving these losses in court may require testimony from medical experts, expert economists, and other expert witnesses.
How long do I have to bring a Wrongful Death Claim?
Under Washington law, you have a limited time to file a wrongful death claim before the statute of limitations expires. This is can be as long as 3 years from the date of death, but also can be as short as 6 months. If you have lost a loved one, contact us as soon as possible to learn what time limits apply to your situation. If you have any questions, the experienced wrongful death attorneys at Anderson Law are happy to help you determine what law applies.
Does it matter where the Wrongful Death happened?
Where the wrongful death occurred may affect where a lawsuit may be filed, also known as the venue. Typically, a lawsuit seeking recovery for a wrongful death is brought in the county where the death occurred or where the defendant resides. A Kennewick wrongful death claim would normally be prosecuted in Benton County and a Pasco wrongful death claim would normally be prosecuted in Franklin County. But, if the defendant is a corporation or a company residing in Seattle/King County, it might be important to file in that county for reasons explained in our blog. Or, if the defendant is foreign, suit may need to be filed in the Federal Court for the Eastern District of Washington at the local Richland federal building.
Learn more about what Washington law says about Wrongful Death Claims…
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