Who Can File a Wrongful Death Lawsuit in Washington?
If you’ve lost a loved one due to a wrongful death, it may be time to consult an attorney. Call Abeyta Nelson today.
If you’re considering filing a wrongful death lawsuit in Washington state, it’s helpful to understand these types of claims and whether you should hire an attorney to guide your family through the complexities of this legal process.
Common Emotional and Psychological Effects of Losing a Loved One
Losing a loved one can leave survivors with a profound sense of loss, overwhelming grief, and even disorientation after losing someone so important. Those mourning a loved one may experience emotional, psychological, physical, or behavioral changes. When a person wrongfully dies due to the fault of another, however, the grief families experience can be exponentially worse.
A wrongful death lawsuit is a type of legal claim made against another entity or person who is held liable for a death. Wrongful death claims are civil lawsuits, and are brought by family members of the person who has passed since the person harmed is no longer alive to bring the case. In wrongful death cases, survivors are compensated for the harm and losses they have suffered following the loss of a loved one.
What Types of Compensation Are Available in a Wrongful Death Lawsuit?
A financial settlement received in a wrongful death lawsuit typically falls into two categories:
- Economic compensation
- Non-economic compensation
Economic Damages in a Wrongful Death Claim
Economic compensation can help offset medical expenses, which may include medication, surgery, hospitalization, rehabilitation, or any related costs incurred to assist the loved one before they passed. These costs are often overlooked but can end up burdening families with thousands of dollars of debt.
Funeral expenses and burial costs are additional expenses survivors are left with after their loved one passes. These charges may include the cost of a memorial service, funeral service fees, flowers, cemetery plot, headstone, coffin or urn, and more. For many families, funeral and burial costs add up quickly and can be overwhelming and unexpected.
Lost Income and Financial Support for Surviving Family Members
Lost income or lost wages is another important type of economic compensation received in a wrongful death loss lawsuit. Lost income is a term pertaining to the income that would have been available if the decedent had lived. It also applies to the lost potential future income of the loved one, which would account for the path of their career, potential promotions and wage increases, bonuses, and possible retirement benefits that are now not able to be realized. If the deceased was the family’s sole wage earner, for example, this may have a devastating impact on that person’s surviving spouse, children, step-children, parents, or any other dependents.
Understanding Non-Economic Damages in Wrongful Death Cases
Non-economic compensation relates to the other very real but less tangible losses following a wrongful death. Loss of companionship is a common, natural response to a loved one’s passing and can cause severe, long-term impacts such as feelings of isolation, loneliness, and diminished emotional support. When children lose a parent, their sense of stability, guidance, and support is swept away.
For some children, the death of a parent forever alters their performance in school, athletics, life choices, and overall well-being. This kind of loss can be devastating to all members of a family, and particularly stressful on a surviving spouse who must now serve the role of single parent.
Financial Support for Pain and Suffering After Loss
Pain and suffering is another form of non-economic compensation awarded in wrongful death lawsuits. Pain and suffering refer to emotional and psychological distress felt by survivors after their loved one has tragically or suddenly passed. The shock, trauma, and anguish felt by family members can take many forms, including anxiety and depression, grief, and behavioral and emotional struggles. This kind of suffering may not be outwardly visible but can be very strongly felt, resulting in negative impacts at work, school, and in social life. Ongoing therapy, counseling, or medical treatments are expensive but can be effective in helping survivors effectively move through their grief.
How Compensation Is Calculated in Washington Wrongful Death Lawsuits
Once it is proven that a defendant is responsible for a plaintiff’s loss – the one(s) suffering as a result of the wrongful death – the court will award the plaintiff compensation. The amount awarded to the plaintiff is calculated based on lost wages or income, expenses incurred by the family, damaged property, emotional and psychological suffering, in addition to other factors.
Why You Should Hire a Wrongful Death Attorney in Washington
The attorneys of Abeyta Nelson Injury Law have recovered wrongful death losses for many families over the past 40 years. These types of cases include car accidents, bicycle accidents, truck accidents, pedestrian accidents, drowning, slip and fall accidents, nursing home accidents, workplace accidents, construction site accidents, and more.
Whatever the reason for filing a wrongful death lawsuit, it is important that families understand their legal rights regarding wrongful death lawsuits in Washington state. Therefore, it’s critical to consult with an experienced, knowledgeable wrongful death attorney after doing some careful research. Always take the time to review case results on an attorney’s website to learn the types of cases they have experience handling, the case settlement amounts, and the number of years that the firm has been practicing wrongful death law.
Abeyta Nelson Injury Law attorneys specialize in personal injury law, including the specialized area of wrongful death law, and have a solid history of getting clients the compensation they deserve. And remember, you can help strengthen your case and help your attorney do his or her job better by providing your legal team with any evidence, documentation, or photos you may have related to the wrongful death case.
How to Prepare for a Wrongful Death Lawsuit in Washington: Evidence and Documentation
Each state has different laws regarding wrongful death claims. In Washington state, there is a three-year statute of limitation, or time limit, in which a party can file a wrongful death case. Even if you feel you have a solid wrongful death case, it can often be very difficult to get a court hearing or to recover any losses if the matter is filed after that three-year time limit. Therefore, it’s critical to talk with an experienced attorney as soon as possible following the loss of your loved one in order to get the best results in your case.
Due to the unique nature of wrongful death cases, not only are there requirements regarding when you must file, but there are also requirements regarding who must file. In Washington state, a personal representative – typically a close family member of the person who died – is responsible for bringing the wrongful death lawsuit.
The statutes governing who can file a wrongful death claim in Washington state are limited to immediate family members, financial dependents, life partners, and putative spouses. Each eligible party has their own rights and limitations under the law, and it’s important to understand how these are impacted by the relationship to the deceased.
Schedule a Free Consultation with Abeyta Nelson Injury Law
Although it’s not possible to bring back the life of a deceased loved one, for some families, filing a wrongful death lawsuit may be an important way for families to cope with a deep emotional loss and feel they are, in some small way, honoring their loved one’s life. If you’ve lost a loved one due to the fault of another, surviving family members – including spouses, children, and parents – have a right to compensation as a result.
Contact the experienced wrongful death attorneys of Abeyta Nelson Injury Law today to set up a free, no-obligation consultation to understand who can file a wrongful death lawsuit.