Seattle Wrongful Death Attorneys
Losing someone you love is never easy, no matter the circumstances. When it’s a preventable death, it can be even harder to come to terms with. On top of the emotional pain, there are often medical bills and funeral expenses that need to be handled. When a loved one is taken from us unexpectedly due to someone else’s negligence, the grief can feel unbearable. Washington law respects how devastating these losses can be and addresses them under ‘wrongful death.’
A wrongful death claim typically comes into play when someone dies because of another person’s wrongful or negligent actions. In Washington, this is defined as a death “caused by the wrongful act, neglect, or default of another person.” When such a tragedy occurs, the surviving family members or the estate of the deceased can file a civil lawsuit for monetary damages against the responsible party.
Damages
Washington law allows for a wrongful death claim or lawsuit if a death is caused by the “wrongful act, neglect, or default” of another. The estate’s personal representative can file this claim to recover both economic and non-economic damages.
These damages benefit the deceased’s spouse or registered domestic partner and children, including stepchildren. If the deceased did not have a spouse, partner, or children, then the parents or siblings are entitled to any recovery from the wrongful death action.
Additionally, parents who regularly contributed to the support of minor children or had significant involvement in the life of an adult child can recover damages. This is applicable if the child had no spouse, partner, or children of their own.
“Damages” is the term used in the law to refer to economic and noneconomic losses that can be compensated in a civil action. In a wrongful death case, these damages can include:
- Medical bills
- Lost Income
- Property Damage
- Loss of Services
- Loss of Financial Support
- Loss of Love and Companionship
- Loss of Emotional Support
- Loss of Care and Guidance
- Destruction of Parent-Child Relations
Survival Actions
Wrongful Death Survival Actions are claims brought by the deceased individual’s estate. These claims seek to recover damages for the conscious pain and suffering the deceased experienced before their death, as well as any medical expenses incurred due to the incident.
The key difference between a survival action and a wrongful death claim is who can recover damages and what types of damages can be recovered.
In a survival action, only the decedent’s estate can recover damages. These include medical expenses, funeral expenses, and pain and suffering from the time of injury until death. The estate can also claim lost wages and benefits that the deceased would have earned had they not died.
On the other hand, in a wrongful death claim, only certain surviving family members can recover damages. These family members are typically the deceased’s spouse, children, or parents. The damages in a wrongful death claim include loss of love, guidance, companionship, and financial support.
By pursuing a survival action along with a wrongful death case wherever applicable, we can help maximize compensation for the family, hold the responsible party more fully accountable, and achieve the maximum in justice for the deceased.
Our Expertise
Emerald Law Group is experienced in a wide range of personal injury and wrongful death cases and is prepared to represent families who lost a loved one in any of the following situations, among others:
- Car Accidents
- Truck Accidents
- Pedestrian Accidents
- Bicycle Accidents
- Dog Bites and Animal Attacks
- Drowning
- Trip and Fall, Slip and Fall
- Construction Accidents
- Nursing Home Abuse
- Medical Malpractice
- Child Fatalities
- Third-Party Liability
Contact Emerald Law Group Today
Even though you have up to three years to file a wrongful death lawsuit in a Washington court, acting quickly can help you get justice and compensation much sooner. At Emerald Law Group, we can immediately start investigating the incident, gathering facts, and pursuing a settlement or judgment against the negligent party.
Call our experienced Seattle wrongful death lawyers today, so we can preserve crucial evidence and work efficiently to resolve your case and meet your needs.
