What to Expect During a Wrongful Death Lawsuit

A sudden death in the family impacts all aspects of life, including the emotional shock and grief, and eventually the realization of the financial consequences of the loss. This is particularly true when the lost loved one was a family provider.

While all sudden deaths feel wrong, under Washington law, a “wrongful death” results from the negligent or wrongful actions of another person or business. If the deceased loved one (decedent) could have filed a personal injury lawsuit if they’d survived the injury, then their closest surviving family member can recover compensation through a wrongful death lawsuit with a Renton wrongful death lawyer.

Who Can File a Wrongful Death Lawsuit In Washington?

Washington is one of a majority of states that do not allow a close family member to file a wrongful death claim directly unless they are the personal representative of the decedent named as executor in their will. Washington requires a personal representative named in the decedent’s estate plan to file a wrongful death claim on behalf of the family and then distribute the compensation to the closest surviving family member.

If the decedent dies without a will, the court appoints a family representative to file the claim. Often, this is the same close family member who benefits from the compensation in a successful claim.

Proving Negligence and Liability In a Washington Wrongful Death Claim

Just as an injury victim must prove an at-fault party’s liability in a personal injury claim for damages, the family representative in a Washington wrongful death claim must prove the at-fault party’s liability by documenting clear evidence of negligent, reckless, or wrongful behavior. Proving liability requires showing the following:

• The defendant owed a duty of reasonable care to the decedent, such as a driver’s duty to obey traffic laws or a doctor’s duty to treat a patient at the standard of care accepted by the medical community
• They breached this duty through negligence 
• The breach of duty directly caused the death
• The decedent’s family suffered damages from the wrongful death

Proving liability requires an injury victim or the family of a deceased loved one to document compelling evidence showing that it’s more likely than not that the defendant’s actions caused the death. They also must provide evidence of economic damages as well as emotional anguish.

What Damages Can a Family Recover In a Washington Wrongful Death Claim?

Family members should be free to focus on the grief and saying goodbye to their lost loved one after a sudden tragic death. Unfortunately, financial hardship from the death adds to the distress and may complicate the grieving process. A successful wrongful death claim addresses both the financial and emotional consequences of the death by recovering compensation for the following damages:

• Medical expenses if the decedent had medical care from the injury before their death
• Funeral and burial costs
• Lost wages if a loved one took time away from work due to the death
• The lost income of the decedent for the number of working years they had remaining to them had they not perished
• Loss of household service
• Loss of benefits such as health insurance and retirement fund contributions
• Emotional grief and anguish
• Loss of consortium and companionship
• Loss of a parent’s support and guidance

In some cases, punitive damages may also be available to the family of a wrongfully deceased loved one. Punitive damages are awarded when the defendant’s actions that caused the death were particularly egregious.

How Can a Washington Wrongful Death Lawyer From Caffee Law Help?

Recovering full and fair compensation after a wrongful death can be a challenging prospect. Insurance companies sometimes dispute claims or may try to shift liability to your deceased loved one. Contact the Washington wrongful death lawyers at Caffee Accident & Injury Lawyers so we can navigate your claim while you focus on your family.