The Legal Process of Filing a Wrongful Death Lawsuit
Families handle the wrongful death of a loved one in different ways. Always contact an attorney if you have legal questions on behalf of your loved one.
The loss of a loved one, whether it’s a friend, spouse, or family member, can be one of the most devastating times of a person’s life. Survivors may experience a range of emotions, including grief, anger, disbelief, or despair. They may also process grief physically, manifesting as an inability to sleep or concentrate, a loss of appetite accompanied by weight loss, or persistent body aches, including head and stomach aches. The loss of a loved one can take a toll on overall health, and symptoms may linger for weeks, months, or even years, depending on the survivor’s relationship with the deceased person and the circumstances surrounding his or her death.
If a loved one dies due to the fault of another, surviving family members may choose to take legal action by filing a wrongful death lawsuit. It is not uncommon for the death of a loved one to result in medical and hospital bills, funeral expenses, and lost wages or insurance benefits. The blow of these genuine financial hardships can be alleviated by receiving compensation through a legal settlement. Other families who’ve wrongfully lost a loved one may choose to file suit to hold those accountable for causing their loved one’s death and deter others from doing the same. In other cases, families feel that a wrongful death lawsuit is a way to honor the memory of their loved one by representing their interests.
No amount of compensation can ever equal the value of the life of a loved one. Whether or not you or your family choose to file a wrongful death lawsuit, it is crucial to understand the legal process and timeline for seeking justice.
Understanding Wrongful Death
While the grieving process is a normal part of loss, wrongful death is anything but normal. According to FindLaw, the term “wrongful death” refers to any death caused by “the negligent, willful, or wrongful act, neglect, omission, or default of another.” Wrongful death lawsuits differ from other personal injury claims in that they are brought by the victim’s immediate family members, which may include surviving parents, spouses, or their children. It’s also important to note that wrongful death cases are civil, not criminal matters and that a party does not have to be found criminally liable in order for a civil matter to be filed against them.
There are a number of scenarios that may lead to a wrongful death. The Centers for Disease Control (CDC) cites the broad category of “unintentional injuries” as the leading cause of death for Americans aged 1-44 years old. These types of wrongful death cases typically include:
Car accidents
The most common cause of wrongful death is a car accident collision with another vehicle (or vehicles) whose driver is distracted, aggressive, reckless or under the influence of drugs or alcohol.
Truck accidents
Semi-trucks and tractor-trailers are a dominant force on today’s U.S. freeways and roadways. An inattentive, sleepy, impaired, or reckless truck driver may not leave enough room for adequate stopping distance or may be traveling too fast for conditions, causing a collision with one or more vehicles and devastating consequences.
Bicycle accidents
Due to their small size and the high speed at which they’re capable of traveling, bicyclists who share the road with cars, trucks and other vehicles are more at risk for collisions. Bicyclists should always wear a helmet and reflective gear and make eye contact with motorists before executing a turn at an intersection. Motorists, too, should always look twice when approaching an intersection.
Pedestrian accidents
Pedestrian accidents are almost always caused by driver negligence. Distracted driving and failing to yield – such as at an intersection or crosswalk – are some of the most common causes of pedestrian accidents, or even worse, death. According to the National Highway Traffic Safety Administration (NHTSA), based on 2020 data compared with the previous year, pedestrian fatalities were up 3.9% – the highest number since 1989 – and fatalities in hit-and-run crashes were up 26%. That means drivers and walkers alike should take extra precautions at crosswalks and intersections to ensure they are seen.
Drowning
Resorts, hotels, and other establishments have a responsibility to maintain their premises, keep them up to code, and adhere to all safety standards in order to keep patrons safe. Abeyta Nelson Injury Law successfully litigated against a resort for a drowning incident in a murky swimming pool. This wrongful death would have never occurred had the establishment followed standard safety protocols.
Slip and fall injuries
According to the National Floor Safety Institute (NFSI), slip and fall accidents account for eight million injuries and fatalities in the U.S. each year. Seemingly minor incidents, such as slipping on a wet floor at a supermarket or on ice in a parking lot, can lead to severe injuries, such as a traumatic brain injury or spinal cord injury. Serious falls can lead to wrongful death.
Not every death is wrongful, but if you’ve lost a loved one due to the negligence of another, surviving family members, including parents or dependents, have a right to compensation on behalf of the deceased. Like other personal injury cases, there are statutes of limitations, or a set time in which you’re allowed to file a wrongful death lawsuit. In Washington state, a wrongful death claim must be filed within three years of the deceased person’s passing. If the claim is not filed within three years, it is very unlikely a court will hear the case or that any recovery will be made.
When to File a Wrongful Death Lawsuit
Due to the time limitations on filing a wrongful death lawsuit and the complexity of these types of cases, survivors should not delay a consultation with an experienced wrongful death attorney like those at Abeyta Nelson Injury Law. Despite the often overwhelming grief following a family member’s death – grief which may hinder decision-making or cloud one’s judgment – talking with an attorney is critical after the wrongful death of a loved one.
Choosing the right attorney to handle your family member’s wrongful death case should depend on the law firm’s experience and results with past wrongful death cases. Families should conduct some basic research on firms that have handled wrongful death cases. It is advisable to look for firms who’ve handled cases for decades, not just a few years. It’s essential to review the results page on attorneys’ websites to understand the type, complexity, and outcome of wrongful death cases they’ve handled. In short, experience matters in wrongful death cases, so hire the best legal counsel possible.
Key Factors in Filing a Wrongful Death Lawsuit
Once you’ve hired the right attorney to handle your case, you can help your legal team begin to build your case by gathering and organizing necessary documentation, including police reports and medical records. It’s crucial to provide all documents, photos, and evidence for your attorney promptly so he or she can begin work on your case right away.
During the process of filing a wrongful death lawsuit, the attorney or legal team will file a complaint, which includes information regarding the parties involved, allegations, and damages sought in the wrongful death case. The circumstances of your case, including where the death occurred, will determine the appropriate court or venue in which the matter is filed. The venue is important because it can impact the fairness, efficiency, and ultimately, the success of your case.
For example, it’s usually a good idea to file a lawsuit near the location of the accident, as well as the defendants and any witnesses involved. It may also be important to choose a venue close to those providing expert testimony, including medical experts. Different venues have different laws, regulations, and legal precedents that can affect a case. These specific locations may also have specialized courts with experienced judges, which may be advantageous in some instances. An experienced law firm with particular knowledge of wrongful death matters will know how, when, and where to file a wrongful death matter to get the best results.
Hire an Experienced Wrongful Death Attorney in Yakima, WA
A skilled wrongful death attorney will understand the best strategies to employ when negotiating a settlement. Though the vast majority of cases are successfully resolved through a settlement, some cases are not. Cases that are not settled must either go through mediation, alternative dispute resolution, or to trial. Though many lawyers will say they’re experienced, not all have extensive trial experience. That’s why, again, it’s important to research and hire a law firm with skills in negotiation, as well as in the courtroom.
The loss of a loved one can be heartbreaking, life-changing and devastating. A wrongful death adds to those feelings of loss. Don’t let your family suffer alone. When a death is caused by another person’s negligence, it’s critically important to seek legal guidance from an experienced law firm. Not only can a skilled wrongful death attorney provide compensation to offset the financial losses you’re experiencing, but he or she can also help you seek justice and closure through the legal system. Abeyta Nelson Injury Law has over 40 years fighting for families who’ve suffered through the wrongful death of a family member. Let us advocate for you, every step of the way. Contact our firm today for a free, no-obligation consultation with an experienced wrongful death attorney.