Losing a loved one is one of the most painful things anyone can ever endure, and when they are suddenly taken away, it only makes it worse. On top of your grief, you have paperwork to deal with and, in many cases, hospital bills from their life-saving treatments, among many other burdens.
Family members of the deceased shouldn’t have to pick up the pieces alone. Jacobs and Jacobs Personal Injury Law provides compassionate legal representation, assisting families in the aftermath of wrongful death claims. In this blog post, we discuss eligibility requirements for wrongful death lawsuits and how an attorney can help with wrongful death claims in Washington State.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit may be filed in the same circumstances as a personal injury lawsuit would be filed, though it must be done by a personal representative of the deceased’s estate. Generally, this is the closest living relative or the executor of their will.
If your loved one survived their injuries that were caused by someone else’s negligence and would have qualified to file a lawsuit for their personal injury accident, then it is most likely that you can file a wrongful death claim. These commonly arise after car accidents, particularly with drunk drivers, truck accidents, pedestrian accidents, workplace accidents, and slip and fall incidents.
Who Can File Wrongful Death Claims in Washington State?
First, a personal representative must be named, under Washington state law, to act on behalf of the deceased’s estate. This personal representative may not be entitled to the proceeds, though they are required for probate action to manage and finalize the estate.
Once this step is taken, they will account for all assets and liabilities and then divide what may be left among the surviving relatives. A wrongful death lawsuit may be opened once this probate action has taken place. From there, Washington state law permits a limited number of categories of people who have the right to file this type of lawsuit.
Immediate Family Members
The law recognizes spouses, children, and parents of unmarried children as immediate family members. In regards to children, Washington state law also includes step-children and adopted children in this category.
Partners, Dependents, and Putative Spouses
The other category granted permission to file a wrongful death claim includes any life or domestic partner, those who were financially dependent on the decedent, or even a putative spouse who believed in good faith they were married to the victim under common law.
In some instances, other family members, such as siblings, may be granted permission to file this type of lawsuit. However, it is best to consult with a wrongful death lawyer to determine if that is possible in those types of situations.
What are the steps involved in Filing a wrongful death lawsuit in WA?
Wrongful death cases are some of the most challenging to prove under personal injury law. The entire case will hinge on meeting the four elements of negligence required to hold the other party liable for the death of your loved one.
Between your grief and the intricacies involved with the law, you must work with an attorney who can provide you with the legal support you need to navigate this process. Proving negligence requires that all of the following metrics are met:
Duty of Care
The first element that needs to be established is showing that the at-fault party owed your loved one a duty of care in those circumstances. In a car accident, every driver has a duty of care to uphold other drivers by obeying the laws and driving safely. In other types of cases, such as slip and fall accidents, the property owner needs to keep the environment free of hazards, and this can be a bit more difficult to prove.
Breach of Duty
When a duty of care is firmly proven, then the next metric needs to be shown for violating or breaching the duty. In a car accident, a breach of duty would be a defendant who drove drunk and was perhaps arrested on DUI charges.
Causation
The link between the at-fault party’s negligence and the death of your loved one will need to be shown through causation. Your attorney needs to prove to a jury that by getting behind the wheel while drunk, the other driver’s negligence led to the accident that caused this wrongful death.
Damages
The last element of negligence is damages, and you’ll need to prove the extent of your financial losses and emotional losses from this tragic event.
If all of these conditions are satisfied, you will be able to hold the at-fault party liable in a civil lawsuit. Your wrongful death lawyer will begin the process by filing a complaint, followed by investigations to gather evidence, and working to negotiate a fair settlement.
Potential Damages Recoverable in a Wrongful Death Lawsuit
The sudden loss of a loved one is shocking and heartbreaking. When a tragic accident takes someone away from you like this, it not only leaves a gaping hole of grief but also impacts your financial standing.
Some families lose their primary breadwinner in these accidents and are left with no way to support themselves. Washington law requires jurors to consider the losses and impacts to those left behind carefully.
In some cases, the insurance company for the other party will come back with a quick settlement offer. It may feel like you’re getting some closure to this nightmare, though a Washington wrongful death attorney should review any offer to ensure it is fair. Depending on the circumstances, you may have medical bills for the emergency treatment administered to attempt to save your loved one, lost wages that they are no longer earning, funeral and burial costs, pain and suffering, and loss of companionship.
It’s important to note that other specific factors will determine how much a wrongful death claim may be worth. For example, if your spouse were in their 20s or 30s, at the prime of their career, the jury would look at how much financial support they would have provided if they were still alive and factor that in accordingly. Their earning capacity, health, and life expectancy are other factors that can elevate the settlement or verdict award.
Additionally, the effect of this loss on your life will weigh heavily into these calculations. Your attorney will know how to demonstrate how this loss has caused you emotional and financial suffering. While no amount of money can ever make up for the pain you’ve endured from this loss, it can help lessen the financial burdens that the negligent party caused.
The Importance of Hiring a Washington Wrongful Death Attorney
The grief you feel is immeasurable, and you deserve to have the time you need to work through it. You should not also be stuck trying to figure out how you’re going to pay your bills after this loss or spending hours trying to file your claim with the insurer. Hiring a Washington wrongful death attorney is an essential step, one that is in your best interests.
Here is why you should not proceed in a wrongful death case without legal representation:
Avoid Mistakes
Legal documents and paperwork are filled with terminology that many people outside of the legal realm aren’t familiar with. Along with being torn by this tragedy, you may make mistakes and waste time having to go back through the paperwork again.
Meet the Time Limits
In the state of Washington, you have a time limit to file your wrongful death lawsuit. Known as the statute of limitations, it allows you up to three years after the date of death. It seems like a lot of time, but much of it will have passed by while you try to fill out forms and other paperwork in the wake of your loss.
When you hire a wrongful death lawyer, you will have someone who capably understands the laws regarding wrongful death. They will know if you are eligible, how to get a personal representative to the estate if one has not been named in the will, and how to prove negligence and liability, all while ensuring timely filing in accordance with the statute.
Investigations and Evidence
The burden of proof is on the grieving family members, and this added stress can take an even more significant toll on your mental and emotional health. Your attorney will take over by gathering all evidence of what happened, including bringing in expert witnesses, to show that the defendant was negligent and should be held liable for their actions.
Negotiations and Courtroom Representation
Once the complaint for wrongful death is filed and evidence is presented, your attorney will negotiate with the insurance company and at-fault party to get a fair settlement. However, when negotiations aren’t fruitful, your attorney will take the case to trial.
Suffering a loss like this requires advocacy from someone who fully understands the laws and can provide you with the legal and emotional support you need. Contact Jacobs Personal Injury Law to discuss your case with a compassionate wrongful death lawyer.
