Lawyers for Wrongful Death Claims
Olympia, Seattle, Tacoma and throughout Washington
Losing a loved one suddenly, because of an accident caused by somebody's carelessness, is a truly devastating event, and no laws or legal claims can replace that loss. The emotional part of the loss is very hard to deal with.
But there's a financial side to the loss too, and you will need an experienced wrongful death attorney on your side .
A wrongful death is a type of personal injury. Washington state has a wrongful death statute which sets the procedures for bringing a wrongful death action.
Compensation
When a person dies because of another's negligence, some survivors can make a wrongful death claim for:
- Loss of financial support
- Medical expenses
- Funeral and burial expenses
- Pain and suffering
- Loss of consortium
- Loss of the love and affection of the deceased
In Washington,
wrongful death claims are usually brought by the surviving spouse, or dependent to the deceased, or children.
The victim's estate
Some forms of compensation in a
wrongful death case are paid to the victim's estate, rather than directly to any survivors. That fact means someone must be appointed as the representative or executor of the estate. Often, the personal representative is the surviving spouse, but it depends on the contents of the Will, if any.
Negligence
There are four important components of negligence which must be established in order to win your case:
- The defendant had some kind of duty towards the deceased person
- The defendant failed in that duty
- This failure caused the death
- Those who survived have suffered damages because of their loss
As an example, all drivers have a duty towards other drivers to operate their vehicles in a responsible manner and to observe traffic rules. When a person drives carelessly, ignoring a red light, for instance, and hits another car, killing the driver, whose children then have no father to support them, those four components have been met.
The job of
your attorney is to argue your case, negotiate a value for it, and if necessary, prove it in a court trial.
Damages
In addition to the emotional damages, economic (pecuniary) loss makes up part of the damages, and must be calculated based on the deceased's earnings, or earning capacity. Each case is unique and requires a consideration of the deceased's:
- Life expectancy
- Health status
- Education
- Age
- Employment until time of death
Determining the amount of damages
At Fuller & Fuller, we understand how painful life can be when you've lost a loved one because of someone else's carelessness. If you're grieving, we can relieve you of the tedious paperwork, and the difficult negotiating. We'll gather the facts, run the numbers, and fight for your fair compensation.
If you've lost a family member and wonder if you could bring a
wrongful death claim,
contact our wrongful death attorneys today for a free case evaluation.
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