Washington State Wrongful Death Lawyer
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Coping with the loss of a loved one could be one of the most challenging and trying times of your life. It can be even more difficult if the death was a result of someone else’s negligence, wronging, or misconduct. While nothing can bring your loved one back, you have the right to hold the party responsible for their demise accountable, and to seek compensation for the unbearable loss. Filing a claim or lawsuit against the fault party can also help you find closure.
Allow us at Jacobs and Jacobs Injury Law to help you navigate this process with confidence. As a top wrongful death law firm in Washington State, our team can guide you on how to recover maximum compensation for the loss.
How to Know If You Have a Wrongful Death Case
In Washington State, the law recognizes that no sum of money can fully repair the loss of a life. However, a wrongful death claim or lawsuit can help cover medical expenses, funeral costs, lost income, and other financial burdens that arise in the wake of a tragedy. One of the first steps in the process is to assess if you have the legal grounds for a wrongful death case.Key Questions to Determine a Valid Claim
Every wrongful death case is unique, and its viability depends on several factors including the circumstances surrounding the death, and the evidence available. Here are a few key questions that can help you determine if you have a valid case for a wrongful death claim. Evaluating these key questions can also help you have a better understanding of the laws and how they apply to your case. Additionally, they can help your attorney tailor the legal strategy according to the needs of your case.Did Your Loved One’s Death Result From Negligence or Wrongful Acts?
To determine if you have a valid wrongful death claim, you need to establish the cause of the death. Did your loved one’s death result from someone’s negligence or wrongful act? Do you have any evidence to establish liability? Negligence is when someone fails to exercise reasonable care, resulting in harm to others. Wrongful acts are more serious offenses as they indicate intentional actions to cause harm. A case of medical malpractice is more likely to be a case of negligence, while a violent crime is a wrongful act. However, you can’t speculate about the cause. You need to be certain about it and have the evidence to prove that in your claim. While you can recover evidence on your own, it helps to have an attorney involved early in the process. They can help you gather evidence such as medical records, eyewitness testimony, expert opinions, and accident reports.
Are You Eligible to File a Wrongful Death Claim?
Only certain individuals are allowed by law to file a wrongful death claim. Eligibility to file a wrongful death lawsuit in Washington is determined by both statutory guidelines and the relationship between the deceased and the surviving family members. Generally, the immediate family members of the deceased, such as the surviving spouse, children, or domestic parents are eligible to file a wrongful death claim. If no immediate family members are present, then parents, siblings, or the estate representative may be eligible to file a claim. The Washington state eligibility requirements are in place to ensure that those who have suffered the most are the ones who can seek justice through the legal system.Is There a Statute of Limitations?
Yes, Washington state has a statute of limitations for wrongful death cases. The statute of limitations headlines the maximum time you have to file a claim or initiate other types of legal action. It’s one of the most critical aspects of pursuing legal action against the opposing party. If you miss the deadline to initiate legal action, you may lose your rights to recover compensation. The statute of limitations for wrongful death claims in Washington is generally three years from the date of the deceased’s death. It’s crucial to be aware of the deadline and take prompt action to preserve your claim. Our wrongful death attorney can guide you on the statute of liaison for your case and any other applicable deadlines to ensure you meet all legal deadlines and requirements.Common Causes Of Wrongful Death
There could be many reasons that could lead to a wrongful death. Knowing these causes can also provide a clearer path for seeking justice and holding responsible parties accountable.Motor Vehicle Accidents
One of the most common causes of wrongful death is motor vehicle accidents such as car accidents, truck accidents, motorcycle accidents, or pedestrian accidents. Such accidents could be a result of reckless driving, driver distraction, driving under the influence of drugs or alcohol, road conditions, and many other causes. Some causes are due to human error or negligence, while others may be beyond the control of individuals, such as poor road conditions or mechanical failures.Workplace Accidents
Workplace accidents are most common in high-risk industries such as construction and manufacturing, but they can happen anywhere. Even a minor slip and fall can be enough to cause death, especially if the person suffers a head or spinal cord injury. Employers have a duty to provide a safe working environment, and when they fail to do so, they can be held accountable for wrongful deaths that occur as a result.Medical Malpractice
Medical malpractice can lead to a patient’s death. Common forms of medical malpractice include surgical errors, misdiagnosis, medical mistakes, and failure to provide timely treatment. Families of victims can file wrongful death claims against negligent healthcare providers to seek justice and compensation.Defective Products
Defective products that result in fatal injuries represent another significant category of wrongful death cases in Washington. Wrongful death claims can be filed against manufacturers, designers, distributors, or any other parties that fail to ensure the safety and reliability of their products.Premises Liability Incidents
Property owners and operators are required to keep the property safe for visitors. Any safety hazards should either be fixed before they pose a risk or the visitors should be informed of the danger. All reasonable efforts should be made to ensure visitor safety. Failure to provide safe conditions can result in premise liability cases, or in case of a death, a wrongful death claim.Challenges In Wrongful Death Claims
At Jacobs And Jacobs Personal Injury Law, we can help you overcome common challenges of wrongful death cases. Our team will work tirelessly to get justice for you and your loved one. We have the skills, experience, and resources to help you navigate through the challenges. Dealing with a wrongful death claim can be overwhelming due to several challenges. How well you overcome these challenges will determine the success of your case and the compensation you receive. Here are some key hurdles you may face:
Proving Negligence
You need to show that the defendant’s actions or lack of actions directly caused the death. This means gathering a lot of evidence, like medical records and witness statements. Washington State follows a pure comparative negligence system that allows individuals to recover compensation for their damages even if they were partially at fault.Insurance Company Resistance
Insurance companies might not want to pay out large settlements. They could dispute the cause of death, question the amount of damages, or offer low settlements. Skilled negotiation is needed to ensure fair compensation.Navigating Complex Legal Statutes
The laws related to wrongful death cases are often complex and challenging to navigate. Each state has its own rules and regulations that must be followed. An attorney can help you understand how the law applies to your case and handle all the legal processes to get your justice.How Our Firm Helps
- Personalized case evaluation
- Years of experience handling wrongful death claims in Washington State
- Aggressive negotiations with insurance companies
- Compassionate and client-focused representation
- Transparent communication and regular updates
- Courtroom experience
- No upfront fees and contingency-based representation
What to Do After a Wrongful Death In Washington State
The steps you take in the aftermath of the wrongful death can have a major impact on the outcome of your case. Here are some essential actions to consider after a wrongful death in Washington State.Obtain a Death Certificate and Medical Records
The first step after a wrongful death is to obtain the official death certificate and any relevant medical medical records. These documents are crucial for establishing the cause of death and proving any negligence or wrongdoing.Collect Evidence
Another key step is to gather all available evidence. This includes readily available evidence from the accident site, police reports, witness statements, medical documentation, and anything else that can support your claim.Avoid Speaking to Insurance Companies Alone
If your case involves communicating with the insurance company, remember not to share any unnecessary information. The insurance could use that to reduce their payout. Protecting yourself during these early interactions is essential to ensuring that your legal rights remain intact. Not sure what information to share with the insurance company? Consult with one of our attorneys before calling the insurance company.Contact a Washington Wrongful Death Lawyer
One of the most important steps to take after the accident is to consult with a skilled and experienced attorney who can guide you through each step of the process. A specialized attorney will assess the particulars of your case to help you understand your rights and develop a strategy tailored to your situation.Who Can File a Wrongful Death Lawsuit?
- Spouses and life partners
- Children of the deceased
- Parents (if no spouse or children exist)
- Estate representatives
Compensation Available For Wrongful Death Cases
The eligible individuals have the right to seek compensation for all types of suffering as a result of the death, including the following:
Economic Damages
- Medical bills before the death
- Funeral and burial costs
- Lost income and benefits
- Other expenses paid out of pocket
- Future financial support for dependents
Non-Economic Damages
- Pain and suffering
- Loss of companionship
- Emotional distress
- Loss of care and guidance
- Loss of enjoyment of life
Punitive Damages
- Given in cases of very bad or reckless actions
- Meant to punish the wrongdoer and prevent future similar behavior
- Not always available in wrongful death cases
- This may include additional penalties for particularly egregious conduct