Olympia Wrongful Death Lawyers

To bring a wrongful death claim in Washington state, you must be named as the personal representative in the decedent’s will. In addition to executing and administering the estate of the deceased, the personal representative can also initiate legal proceedings on behalf of surviving family members if the negligence of another party resulted in the decedent’s death.

If the decedent didn’t have a will in place when he or she died, the court will name an administrator to serve as the personal representative. Priority is given to family members in the selection of an administrator.

The law affords wide latitude to someone making a will (known legally as a testator) in naming a personal representative. One of the family members above is often named as the personal representative, but this isn’t always the case.

You will need to identify the personal representative and work with them closely in order to pursue compensation for the wrongful death of your loved one. Although multiple family members may be entitled to recovery of damages, only the personal representative can initiate the legal proceedings.

Surviving family members who can be awarded compensation for wrongful death are known as beneficiaries.

The elements of a wrongful death claim are similar to the requirements in a personal injury case. To recover compensation for the wrongful death of a loved one, you must prove the following:

1. The liable party or parties owed your loved one a duty of care. The duty owed depends on the circumstances of the accident or injury that resulted in death. For example, motorists have a duty to obey the rules of the road and exercise caution while driving. The owner of a property, meanwhile, has a duty to ensure that conditions on the premises are safe and that lawful visitors are sufficiently warned of potential dangers.
2. The defendant(s) breached the duty through negligence. Again, the nature of the breach will depend on the type of accident. The decision to drink and drive, text and drive, and engage in other reckless behavior, for example, would all constitute a violation of duty on the part of a motorist.
3. The negligence of the defendant(s) caused fatal injuries. You must present compelling evidence that the defendant’s negligence (or the negligence of multiple parties) directly led to your loved one’s death or injuries that ultimately resulted in his or her death.
4. You and your family sustained damages as a result of your loved one’s death. Surviving relatives who are recognized beneficiaries under the statute must demonstrate that they suffered losses due to the untimely passing of a loved one. Damages may be economic (e.g., funeral and burial costs, loss of income, medical bills, etc.) and non-economic (e.g., loss of companionship) in nature.

Proving all of these elements is not easy. Common mistakes in a wrongful death claim include waiting to gather crucial evidence, failing to identify all of the liable parties, and miscalculating the damages you and your loved ones have sustained.

Hiring a wrongful death lawyer is the best way to overcome these challenges. Fuller & Fuller, Attorneys PLLC, has the experience, knowledge, and resources to handle your claim effectively. Our firm is led by attorney Marya Fuller, a specialist in accident and injury law who continues a legacy of high-quality and personalized legal service that has made us a trusted advocate for individuals and families in Washington state for more than 45 years.

The success of a wrongful death claim rests on the evidence. You must be able to prove who is at fault, how negligence led to the death of your loved one, and the damages you and your family have incurred as a result.

Our wrongful death attorneys will investigate thoroughly and promptly and collect evidence on your behalf. Each investigation is different, but in a typical case this might involve:

• Visiting the scene of the accident and taking photographs
• Interviewing eyewitnesses who saw the accident, and other witnesses and family members
• Obtaining paper and electronic records
• Expert inspection of the evidence – for example, our team can hire experts to reconstruct the accident if there is a dispute about the fac ts
• Collecting medical records and bills, the autopsy report, and the death certificate
• Examining financial statements showing the earnings, benefits, and other support you may have lost

These steps enable our team to gather evidence of negligence and wrongdoing, as well as the compensation you and your family are entitled to for the wrongful death of a loved one. Fuller & Fuller, Attorneys PLLC, will take action against liable parties on your behalf.

Wrongful death claims are complicated. Furthermore, surviving family members left reeling by the loss of a loved one are generally not prepared for the challenges of these cases.

Fuller & Fuller, Attorneys PLLC, is proud to serve those who have been hurt when they need help the most. This includes not only injured individuals but the relatives left behind when a family member tragically dies as a result of someone else’s negligence.

Reasons to hire our wrongful death lawyers include:

• Extensive knowledge of the applicable laws surrounding wrongful death litigation
• Decades of experience representing families with compassion and sensitivity
• The resources necessary to investigate wrongful death claims and hold those at fault responsible
• Commitment to pursuing maximum compensation on our clients’ behalf; families are often unaware of the full extent of damages that may be recoverable
• We forge personal connections with each client, as well as with their families

See What Our Clients Have to Say About Us.

Generally, it is in your best interest to get started on a wrongful death claim as soon as possible. Delay could mean that you lose the opportunity to recover fair compensation, as well as the loss of critical evidence.

Wrongful death claims seek compensation for the survivors of someone who dies due to the negligence of another. Survival actions, by contrast, are claims brought to recover damages that the deceased suffered prior to his or her death.

Recoverable losses in survival actions include pain and suffering, emotional distress, and other non-economic damages that decedents suffer prior to succumbing to their injuries, if they did not die instantly. The estate may also be entitled to recovery of economic damages such as the cost of funeral services, burial or cremation, lost income, and medical treatment and hospice care prior to death.

Please note that the author believes that the above information was accurate at the time that it was written. The legislature or courts, however, may change the applicable law at any time.