Washington Wrongful Death Attorney | Wrongful Death Lawyers in Washington State

Suddenly losing a loved one because of another person’s negligence is hard to comprehend, yet this is a reality that countless people face daily. If you find yourself in this position and are unsure what to do next, you are not powerless. You have the opportunity to file a wrongful death lawsuit in Washington and hold the person responsible for their reckless behavior and the harm they have done.

At Calbom & Schwab, we are personal injury attorneys focused on providing experienced legal representation professionally and ethically. We have been protecting individuals and serving our community since 1954. Reach out to us today for a Washington wrongful death attorney, so we can help you and your loved ones seek justice for the one you lost.

Washington Wrongful Death Claims

A wrongful death is a civil cause of action brought by family members and dependents against individuals who knowingly or negligently cause the death of another person. In some situations, wrongful death claims may arise after a victim dies before being able to file a personal injury claim against the negligent party legally.

Just a few examples of wrongful death cases include car accidents, medical malpractice, defective products, and more. For you to have a successful wrongful death claim, it must be proven that the defendant was at fault for the death and that the family members or survivors suffered damages.

Examples of Wrongful Deaths

Wrongful death is the loss of life resulting from an unjust or improper act caused by another person. While there are many examples of wrongful death cases, a few of the most common include the following:

Car accidents
Medical malpractice
Accidents at work
Defective products
Semi-truck accidents
Pedestrian accidents
Plane crashes

In a wrongful death case, the plaintiff may recover damages such as lost earnings, lost employment benefits, medical costs, and the deceased’s pain and suffering. Before filing a wrongful death lawsuit, it must be determined that someone else was responsible for or caused the death. The plaintiff in a wrongful death case must prove negligence or intent on behalf of the defendant.

Wrongful Deaths Are Not Crimes

Wrongful death is not a crime but can involve a crime that caused or is associated with a person’s death. A wrongful death lawsuit is a civil action separate from any criminal prosecution related to a fatality. The party responsible for the wrongful death may be subject to criminal charges in a different court proceeding. Wrongful death claims do not constitute a felony.

If a crime causes a wrongful death, then that crime should be handled by the criminal court system. A prosecutor files criminal actions. Murder or negligent homicide are examples of criminal wrongful death. Regardless of whether or not the negligent individual faces criminal charges, a wrongful death lawsuit can be filed in Washington’s civil court system. Criminal charges are not required for a civil suit to be filed.

Wrongful death attorneys are excellent resources to help you understand your options after a wrongful death occurs. A wrongful death lawyer in Washington can show you the steps to file a wrongful death lawsuit, recoverable damages, the statute of limitations for these claims, how to prove negligence, and more.

Wrongful Death Lawsuits in Washington

A wrongful death claim can be filed after someone dies because of another person’s negligence or wrongful act. Each state has laws designating who can file such a lawsuit, typically immediate family members. In some states, only the personal representative or executor of the deceased person’s estate can file a wrongful death lawsuit.

In Washington, a wrongful death lawsuit must be filed no later than three years after the date of the person’s death. The person representing the deceased individual’s estate is typically responsible for filing the lawsuit. Still, in some cases, a parent or legal guardian may file a claim for the death of a minor child. The beneficiaries eligible to receive compensation from a wrongful death lawsuit in Washington State include the surviving spouse, children, and the parents of the deceased individual.

Steps For Filing a Wrongful Death Lawsuit

To pursue a wrongful death lawsuit, several steps must be taken. First, if it is the estate of the deceased that will file the suit, it must be set up in the courthouse of the county where the deceased lived. Then, your attorney must identify and notify responsible parties of their intent to file a lawsuit. If negotiations are unsuccessful, it is time to file a Complaint or Writ of Summons through the courthouse. Additionally, each state has implemented time limits known as statutes of limitations that restrict when a wrongful death lawsuit can be filed.

Once all relevant documents have been filed and provided the defendant with factual and legal grounds for the lawsuit, your Washington wrongful death lawyer will need to gather evidence to prove all elements of your claim. This may involve interviewing witnesses and obtaining medical records and other documents related to your case. A wrongful death law firm can help you navigate this complex process and provide legal advice throughout your case.

Those Who Are Allowed to File a Wrongful Death Lawsuit in Washington

The personal representative is usually the closest family member to the deceased. In Washington, the personal representative of the deceased person’s estate is the individual eligible to file a wrongful death lawsuit. The wrongful death lawsuit can be filed on behalf of the survivors suffering damage from the death of their loved one.

Under Washington’s “wrongful death” statutes, every action must be for the benefit of the spouse, state-registered domestic partner, child, or children, including stepchildren, of the person who died. A wrongful death lawsuit in Washington must be filed within three years of the deceased individual’s death.

Wrongful Death Recoverable Damages in Washington

In Washington, surviving family members of wrongful death victims can recover economic and noneconomic damages through claims filed against the negligent party. These damages are based on the losses the victim suffered and their surviving family members suffered. The claim must be filed within three years of the date of death, as set by a statute of limitations.

The beneficiaries of a wrongful death claim in Washington include the deceased person’s surviving spouse or domestic partner and children (including stepchildren). Damages can include the following:

Compensation for medical expenses
Funeral costs
Lost wages
Loss of companionship
Pain and suffering
Other losses

In addition to these economic damages, families may also be able to collect noneconomic damages such as loss of care or guidance.

People filing a wrongful death lawsuit should realize there are no caps on recoverable compensation in Washington State for wrongful death claims. If you have questions about wrongful death settlements or trials in Washington, it is best to contact an experienced attorney for advice.

Washington Wrongful Death Statute of Limitations

The statute of limitations in Washington for wrongful death claims is three years from the incident that caused the victim’s death. This means that a lawsuit must be filed within this time period, or else the family members will lose their right to pursue compensation. However, there are exceptions to this rule, and the time period may be shorter in certain situations.

Additionally, if the family discovers that it was a wrongful death after three years have passed, they still have three years from the date of discovery to file a lawsuit. It is important to note that estates should not wait three years to file and should take action as soon as possible.

Washington Wrongful Death Lawsuit Requirements

In Washington, a wrongful death claim can be filed by the personal representative of the deceased’s estate. This representative is typically the closest family member to the deceased. According to Washington law, the spouse, children, parents, siblings, and other next-of-kin are eligible to recover for the death of a loved one.

Remember, the statute of limitations for filing a wrongful death claim in Washington is three years from the date of death. For someone to prove a wrongful death claim, it must be shown that the death was caused by another person’s negligence or intentional act.

Proving Negligence in a Washington Wrongful Death Case

In order to prove negligence in a wrongful death case in Washington, the plaintiff must demonstrate that the negligent party owed a legal duty to the deceased person, breached their legal duty, and that the breach resulted in the victim’s death. Washington’s Wrongful Death Act defines this as a death resulting from a person’s negligence or wrongful act.

In addition to proving negligence, damages must also be proven. These include medical expenses incurred before death, funeral and burial costs, lost wages and benefits from the deceased’s job, loss of companionship, and emotional distress suffered by family members due to the death. The jury will also consider other factors, such as pain and suffering endured by the deceased before their death.

Finally, it is important to note that there is a three-year statute of limitations for filing a wrongful death claim in Washington.

How a Washington Wrongful Death Lawyer Can Help You With Your Case

In Washington State, a wrongful death lawsuit can be filed by a “personal representative” of the deceased person, typically their closest living relative or executor. Four elements must be proven to file a successful wrongful death claim in Washington State: duty, breach of duty, causation, and damages.

A spouse, state-registered domestic partner, or child or children (including stepchildren) of the deceased may collect on a wrongful death lawsuit. When determining damages in a wrongful death lawsuit, a jury considers several factors, such as the age and health of the deceased person before death. It bears repeating that the statute of limitations requires you to file a wrongful death claim in Washington within three years of the date of the person’s death.

If you are considering hiring a wrongful death attorney in Washington to file a wrongful death claim, that is wise because legal assistance is recommended. Wrongful death lawyers can help you understand your options for pursuing compensation and damages from those who have caused the death of your loved one. Numerous wrongful death attorneys specialize in wrongful death claims in Washington and have achieved successful outcomes for surviving family members.

How To Find The Best Washington Wrongful Death Attorney For Your Case

Finding the right wrongful death attorney is an important decision, and there are several steps you can take to ensure you make the best choice. First, research potential lawyers to determine their experience in personal injury law and wrongful death cases. During free consultations, ask questions about their experience and qualifications.

Below are examples of questions to ask a wrongful death attorney:

What is your experience with wrongful death claims?
What kinds of compensation am I eligible to receive?
How does the wrongful death process work?
Who can file a wrongful death lawsuit?
If an insurance company approaches me for a wrongful death settlement, what should I do?
What is the process for filing a wrongful death lawsuit?

Asking these questions will help you understand the process and make sure you choose the best attorney for your case. Choose an attorney who is experienced in wrongful death cases and has a proven track record of success. Additionally, look for an attorney with skill, versatility, and good communication skills.

Contact Calbom & Schwab for a Washington Wrongful Death Attorney

Wrongful deaths are one of the most emotionally distressing experiences a person can have, and the consequences of such an event can have long-term effects. To try and move forward and come to peace with this tragic event, reach out to Calbom & Schwab for a Washington wrongful death attorney. Since 1954, our dedicated team of attorneys has been protecting individuals and serving our community. Our personal injury attorneys are focused on providing experienced legal representation professionally and ethically, and we will not rest until we have helped you seek the justice and compensation you deserve for your loss. Contact us today so we can help you with your case.