The wrongful death lawyers at Abeyta Nelson Injury Law have provided guidance for families in eastern Washington state for over 45 years, and our successful case results speak for themselves. If you’ve lost someone you love due the fault of another person, business, or governmental entity, our experienced wrongful death attorneys can help. We can’t bring back your loved one, but we can promise you won’t face the loss alone. The Abeyta Nelson legal team will walk through every step of your wrongful death claim together, from start to finish. We take our attorney-client relationship seriously, and our client testimonials demonstrate how much care and compassion we devote to each case.
How a Yakima Wrongful Death Attorney Can Help
No one can undo the pain caused by the unexpected death of a loved one. A death caused by someone else’s negligence can make that loss even more profound. Wrongful death cases also place a heavy burden on surviving family members, including pain and suffering, economic hardship, loss of companionship, funeral expenses or medical bills.
Here’s what that experience has meant for the families we’ve represented:
Real Cases, Real Results from Abeyta Nelson
- $2.1M: Recovery for a family after the death of a young man in a one-vehicle rollover.
- $1.0M: Settlement for the family of an 8-year-old boy who drowned in a cloudy swimming pool at an Eastern Washington resort.
- $928,687: Settlement for the family of a 56-year-old Yakima man killed in a head-on collision.
The wrongful death lawyers and staff of Abeyta Nelson Injury Law stand ready to provide support, advocacy, and legal advice for our clients and their family members during an extremely difficult time.
Common Scenarios Where a Death is Wrongful in Washington State
Wrongful death cases occur when a person dies due to the fault or wrongful act of another responsible party, company, or government entity. These deaths may occur as a result of car accidents, truck accidents, on-the-job injuries, including falls on construction or other workplace sites, pedestrian accidents, medical malpractice, premises accidents, farming accidents, dangerous or defective products, drowning, or other fatal accidents. If you’ve lost a loved one due to someone else’s negligence, contact a knowledgeable wrongful death lawyer at Abeyta Nelson Injury Law for a free, no-obligation consultation.
What Must Be Proven in a Wrongful Death Lawsuit?
A skilled wrongful death attorney knows that there are four factors in any wrongful death lawsuit which must be successfully proven in order to win:
- Duty of Care: Duty of care is a legal term which refers to the responsibility we all have to prevent harm to others. Harm or injury can be inflicted on others by reckless driving resulting in a car accident; a doctor failing to follow standard protocol resulting in medical injuries; or an employee falling on the job due to an unsafe work environment. Abeyta Nelson wrongful death attorneys routinely and successfully resolve these types of complex cases for our clients.
- Breach: Was the party who caused the death acting in good faith, or were they being careless and irresponsible? Proving someone breached their duty of care means an accident happened due to the misconduct of someone else. A skilled wrongful death lawyer will be able to analyze the facts of the case to establish if a breach did in fact occur.
- Causation: A wrongful death case hinges on proving whether another person caused damages to you or your family member. An attorney experienced in wrongful death law will be able to make the connection between someone else’s negligence and the wrongful death.
- Damages: After a wrongful death, many surviving family members endurepain and suffering related to emotional loss, loss of sleep, inability to concentrate or work. They may also suffer financial losses as the result of medical expenses, funeral expenses or loss of potential earnings. Damages awarded in a wrongful death case are a way to lessen the financial burden families feel after their loved one passes away. The wrongful death attorneys of Abeyta Nelson have a combined 120 years experience in this area of practice, and would be happy to discuss your case.
We Handle the Wrongful Death Legal Process For You
- Fighting Insurance Companies: The grief, anger and confusion felt after the loss of a loved one in a wrongful death case can overwhelm even the simplest of tasks. Dealing with your insurance company shouldn’t be one of them. Let our Yakima wrongful death attorneys handle communications with your insurance company so you can focus on healing and finding peace again.
- Filing All The Paperwork: Filing a wrongful death claim requires precision and meeting strict deadlines. An experienced wrongful death lawyer will know how and when to prepare, file and serve a complaint; gather and organize evidence; manage paperwork, including depositions, interrogatories and settlement documents; and navigate opening an estate through probate. Additionally, our Abeyta Nelson wrongful death lawyers handle the paperwork and process involved in appointing a personal representative of the deceased as required by Washington state law to ensure the claim is filed properly.
- Mediation and Litigation: Some wrongful death lawyers successfully resolve cases through mediation – a process led by a neutral, third party mediator – who helps two parties resolve a disagreement in the form of a binding, written settlement. If mediation is attempted but unsuccessful, the case may go through litigation – the formal process of resolving a case in court – and may involve a trial with a judge and jury present. A wrongful death lawyer is a critical advocate throughout this complex process.
Determining Liability in Yakima County
If your loved one passed away due to someone else’s negligence in Yakima County, you should discuss your case with a wrongful death attorney in Yakima familiar with state and county laws. As with other jurisdictions, under Washington state law (RCW 4.20.010), determining liability means demonstrating that someone’s death was caused by “the wrongful act, neglect, or default of another person.” In addition, Washington state acts in accordance with “pure comparative negligence,” which means that survivors who file a wrongful death lawsuit can still recover damages even if the deceased was partially at fault for their own death. Contact the qualified wrongful death attorneys of Abeyta Nelson Injury Law today to discuss the details of your case.
Getting the Most Compensation for Your Loss
A wrongful death claim may be filed for recovery of the decedent’s medical expenses, funeral expenses, and burial expenses – costs usually not covered by your insurance company. In Washington state, a surviving spouse or state registered domestic partner or the deceased’s children may be entitled for compensation for other types of damages including loss of companionship, past and future financial losses, and pain and suffering. When there is no surviving spouse or children, parents and siblings may be entitled to financial compensation. Our wrongful death lawyers know personal injury law, and how to negotiate with insurance companies in order to get maximum financial recovery for our clients.
Understanding Your Legal Rights
While there is no way to bring back a loved one who has passed away, our personal injury attorneys obtain the fair financial support and compensation our clients deserve for having lost someone precious. Family members of the deceased have the right to file a wrongful death lawsuit, to not only hold those responsible for causing the loss, but also to give the surviving family members justice and peace as they move forward and honor their loved one.
The types and amount of damages a family or loved one chooses to pursue in a wrongful death case will be dictated by the specific details of their case. Hiring a trusted and experienced wrongful death attorney, like those at Abeyta Nelson Injury Law, can provide peace of mind in navigating the process of seeking wrongful death economic damages and successfully resolving the case.
When To Consult a Wrongful Death Attorney
Losing a family member because of someone else’s negligence is one of the hardest things a person can go through, and no legal outcome can undo that loss. What we can do is help ease the burden that often comes with it: the unanswered questions, the financial strain, and the feeling that no one is being held accountable for what happened.
If you’ve lost a loved one due to the actions of another person or company, we encourage you to reach out for a free, compassionate case evaluation, even if you’re not sure yet whether you want to move forward. There’s no pressure, and no cost to talk.
One thing worth knowing: wrongful death claims are subject to strict filing deadlines, known as the statute of limitations, which vary by state. We understand that legal deadlines are probably the last thing on your mind right now, which is exactly why reaching out early, even just to ask questions, can make a difference later. Our team is here to walk you through the legal process at whatever pace you need, so you can focus on your family while we handle the rest.