Types of Wrongful Death Claims In Washington

Dealing with the death of a loved one is never easy, but when the death was preventable and only caused by someone else’s careless, reckless, or wrongful actions, it is even more distressing with grief and anguish amplified by the injustice of the loss.

A successful wrongful death claim in Washington cannot bring the beloved family member back, but it allows loved ones to grieve with fewer worries about financial hardship. 

After an unexpected death, many people in Washington wonder about the types of wrongful death claims and when family members can file for compensation. A skilled Kent wrongful death lawyer can answer these questions, ensuring families understand their rights and options while advocating for their best interests.

What Is a Wrongful Death Claim?

All deaths feel wrong to loved ones left behind, but when the death results from the actions or negligence of someone else, a family representative may file a claim for compensation against the at-fault party’s insurance or a lawsuit. Under RCW 4.20.010: the law states the following:

“When the death of a person is caused by the wrongful act, neglect, or default of another person, his or her personal representative may maintain an action against the person causing the death for the economic and noneconomic damages sustained by the beneficiaries listed in RCW 4.20.020 as a result of the decedent’s death, in such amounts as determined by a trier of fact to be just under all the circumstances of the case.”

In most cases, wrongful death compensation comes from the appropriate insurance policy, like an auto insurance policy after a fatal car accident caused by a reckless driver or premises liability insurance after a balcony collapse in a hotel.

If the decedent could have filed a personal injury claim if they’d survived the injury, then the representative named in their will, estate plan, or by a judge may file on behalf of the closest surviving family members.

Common Wrongful Death Claims In Washington

Wrongful death claims most often result from negligent actions that caused harm but family members may also file for wrongful death when a loved one is the victim of intentional misdeeds or one party’s reckless disregard for the lives of others. The most common wrongful death claims in Washington result from the following:

• Car accidents
• Pedestrian accidents
• Motorcycle accidents
• Bicycle accidents
• Premises liability claims like slip-and-fall accidents, pool accidents, fires, or negligent security
• Workplace fatalities
• Medical malpractice
• Nursing home abuse
• Defective products
• Dog attacks

Under the state’s pure comparative negligence system, even when the decedent’s actions contributed to the cause of death family members may still recover compensation minus the decedent’s percentage of fault.

What Compensation Is Available for Wrongful Death Claims In Washington?

Depending on the circumstances of the death, the deceased individual’s closest surviving family member may recover damages such as reimbursement for medical expenses before the death, funeral costs, burial costs, lost income for the number of earning years the decedent would have had remaining, loss of health insurance and retirement contribution, loss of household services, and compensation for grief and anguish.

How Can a Wrongful Death Attorney In Washington Help?

Dealing with the despair of a sudden death is difficult, and taking on a complex legal claim can feel overwhelming. That’s why many surviving family members turn to an experienced wrongful death attorney in Washington to navigate the process.

Contact Caffee Law Accident & Injury Lawyers for skilled legal counsel throughout the process of recovering compensation for wrongful death and a sense of justice for your loved one.