5 Reasons to Hire a Wrongful Death Attorney
Unfortunately, wrongful deaths do happen. If your loved one passed away but their death could have been prevented, you may be looking to sue for damages in a wrongful death case. Accidental deaths can occur anywhere, under any circumstances. A workplace accident, a fall on city property, a car accident, a surgery gone awry, and an infection incurred during a hospital stay are all examples of potential wrongful deaths. A wrongful death attorney will help you fight for and receive compensation for your loss.
5 Reasons to Hire a Wrongful Death Attorney
1. Earn All Damages. An experienced wrongful death attorney knows the ins and outs of the laws in your state and will use them to your advantage. He or she will know what other similar cases earned in damages and fight to get you the full amount that you deserve. If the loved one who passed away was a primary breadwinner, you could be looking at millions of dollars in damages in a legitimate case.
2. Success in Court. Many wrongful death suits are filed but then settled out of court. Those that do reach court, however, must be presented in front of a judge. A wrongful death attorney will be by your side during all court proceedings to advocate for you.
3. Valuation of Damages. You may feel that you are owed damages in the wrongful death of your loved one but it would be very difficult to determine the amount that you are really owed without the help of an experienced wrongful death lawyer. Your lawyer will evaluate the particulars of your situation and compare it to other similar cases to determine an amount to pursue.
4. Claiming Life Insurance. Many insurance companies use complicated legal procedures and loopholes to try and get out of paying life insurance claims as their profitability relies on denying claims. A wrongful death attorney knows how to work around these loopholes and fight for every penny of your insurance payout.
5. Reassurance and Support. If you have lost a loved one you are likely in a fragile emotional position. Having a supportive and experienced wrongful death lawyer working for you can be very reassuring.
Every state has different laws around wrongful death including the statute of limitations to file a claim. Filing a medical malpractice claim is a complicated matter and should be left to a legal professional.
Losing a loved one is always difficult but if you believe they passed away in a wrongful death you are dealing with even more. It is wise to seek the professional guidance of a personal injury attorney who can help you determine whether you can bring a wrongful death action and estimate the damages to which you might be entitled. The caring attorneys at Tario & Associates, P.S. have the expertise to fight for the compensation you deserve and the compassion to help walk you through your situation. Do not wait until the Statute of Limitations is almost up; call today for a FREE CONSULTATION!
Read MoreWrongful Death: When a Child or Elderly Person Dies
When a loved one passes away and there is suspicion of wrongful death, a personal injury attorney can walk you through the process to fight for financial compensation. The main measure of damages in a wrongful death is financial loss (pecuniary loss) and courts and juries are tasked with placing a price on the lost life. Two of the main aspects considered in this determination are lost earning potential and current income but these can be tricky when a retired person or child passes away. There are specific things to consider in wrongful death cases involving children and the elderly.
The Death of a Child
Most everyone would agree that the loss of a child is emotionally devastating but the financial loss is usually very small.
How are Pecuniary Injuries determined in the Death of a Child?
Courts look at the following factors:
- The child’s age, sex, life and work expectancy, state of health, and particular habits
- The child’s future earning potential
- Who is claiming a financial loss: their relationship to the deceased and the circumstances of their life including health and age
It is clearly difficult to come to a specific dollar amount to represent the loss to the parents. Juries are not entitled to speculate or take a wild guess at future income or other factors so many use life expectancy charts as a jumping off point. Small damages are common in wrongful death cases involving children.
Note that in some states people may bring a wrongful death action when an unborn fetus dies although many require that a child be born alive to qualify for legal action. Washington State’s wrongful death statute applies to unborn fetuses as long as the fetus was “viable.” A viable fetus is one that was healthy and was expected to be born healthy if the death of the fetus had not occurred.
The Death of Elderly Persons
Challenges also exist in wrongful death cases brought for the death of elderly people. Damage recovery is limited because most people have a small earning potential once they reach retirement age and their children are usually adults who are not relying on their parents for financial support.
Statute of Limitations
Like all civil actions, wrongful death cases have a Statute of Limitations: a time limit as to when the charges can be filed. If you miss this timeframe then you have permanently waived your right to sue and recover damages for your loss. The “Discovery Rule” is used to determine the Statute of Limitations. This means identifying the date that the party bringing the suit discovered the connection between the decedent’s death and its cause. Some courts will try to determine if it the deceased person knew about an illness before they passed away in order to use that discovery date as the start of the limitations period. In Washington State, the Statute of Limitations is typically three years from the date of death, which means that the case must either be settled or filed in court within this time or the claim is no longer valid.
Losing a loved one is always difficult but if you believe they passed away in a wrongful death you are dealing with even more. It is wise to seek the professional guidance of a personal injury attorney who can help you determine whether you can bring a wrongful death action and estimate the damages to which you might be entitled. The caring attorneys at Tario & Associates, P.S. have the expertise to fight for the compensation you deserve and the compassion to help walk you through your situation. Do not wait until the Statute of Limitations is almost up; call today for a FREE CONSULTATION!
Read MoreUnderstanding Wrongful Death in Washington State
No matter the circumstance, losing a loved one is a painful and emotional experience but what happens when the loss could have been prevented? When your loved one was killed as a result of any type of negligence including a workplace injury, car crash or medical malpractice you are talking about a wrongful death.
In your state of loss you may be feeling overwhelmed but still determined to seek justice for this unnecessary loss. You must have so many questions about what evidence you will need to gather, what type of lawyer you should hire and how to prevent this sort of accident from ever happening again in your family. The first thing to do is call an experienced wrongful death attorney in your area.
Definition of a Wrongful Death Lawsuit
A wrongful death lawsuit is filed when a victim dies as a result of negligence (or other type of unjust action) by the person, business, or governmental entity being sued. The suit is filed because the victim’s immediate family is entitled to monetary damages as a result of this improper conduct.
Every state, including Washington, has wrongful death laws on the books to compensate family members who suffer the wrongful death of a loved one. The idea is that those who take care of people’s lives will have an extra incentive to prevent unnecessary death through accidents.
Typically, a wrongful death lawsuit is seeking “pecuniary” or financial injury compensation for the loss of support, services, potential inheritance, medical and funeral expenses of the lost relative. The amount of pecuniary loss is determined by a jury based on the age, character and condition of the decedent, his/her earning capacity, life expectancy, health and intelligence, as well as the circumstances of the beneficiaries of the estate.
In Washington State, the “Wrongful Death” and “Survival” statutes define the permitted actions and permitted beneficiaries in claims on behalf of the deceased, or the “decedent” in legalese. The action is brought by a “personal representative” of the decedent’s estate who is preferably not a beneficiary of the estate. It is the duty of the personal representative to settle the estate as rapidly as possible, collecting and paying all debts of the estate. Along with the family, the personal representative is entrusted to hire the wrongful death lawyer on behalf of the estate.
Statute of Limitations on Wrongful Death Action
The statute of limitations for a wrongful death action is three years and is not delayed if the beneficiaries are minors because the suit is brought by the personal representative not the minor.
Washington State’s Statutory Scheme
1. RCW 4.20.010 This general wrongful death statute creates a cause of action, brought by the personal representative, to compensate a decedent’s surviving family members for “pecuniary,” (monetary) losses they sustain as a result of the decedent’s death.
2. RCW 4.20.020 This statute assigns two tiers of beneficiaries to the statutory wrongful death action. The first tier includes the spouse and children of the decedent and the second includes the parents and siblings of the deceased. The second tier may only recover damages if there are no first tier beneficiaries and if the designated beneficiaries were dependent for support on the deceased.
3. RCW 4.20.060 This special Survival Statute allows for the deceased’s action for personal injury to survive. The decedent’s own action for personal injuries causing death may be brought by the personal representative of the decedent’s estate on behalf of the beneficiaries listed above. If there are no statutory beneficiaries as defined in RCW 4.20.020, no claim can be brought under the Special Survival Statute.
4. RCW 4.20.046 This “General Survival Statute” allows the personal representative of the decedent’s estate to recover economic accumulations minus the personal expenses the estate would reasonably have acquired over their expected life term. This statute says that noneconomic damages such as for the descendents pain and suffering may not be recovered.
5. RCW 4.24.010 This is the action allowing for recovery of pain, suffering and expenses for the wrongful injury or death of a child.
If you have suffered the loss of a loved one and believe it was a wrongful death, you owe it to yourself and your loved one to contact a wrongful death lawyer at Tario & Associates, P.S.. Wrongful death cases are particularly complicated and time consuming; you don’t want to be alone in your fight against the insurance companies.
Read MoreHow Long Do I Have to File a Wrongful Death Claim in Washington State?
Wrongful death occurs when someone dies as a result of a preventable action caused by another. Wrongful death can occur as a result of reckless behavior, negligence, or a deliberate act. If you believe this may have occurred in the death of someone you love, it is very important to seek legal advice right away as there are limitations on the time you have to file a wrongful death lawsuit.
Each state has its own statutes of limitations for legal action concerning a wrongful death. In the state of Washington that period generally is 3 years after the death has occurred. It is critical to file a legal suit within this timeframe. If an attempt is made after this period to recover damages, the court will not allow pursuance. It is important to note that the time to file does not always begin at the time of death, but can sometimes begin when other pieces of information are discovered. Examples include:
- When an individual’s death is deemed to have occurred from natural causes, but years later, there is evidence of medical malpractice;
- Information as to the cause of death is deliberately hidden; and
- Products used were later found to be defective.
Formulating a strong wrongful death case requires a great deal of planning. Be certain to contact the personal injury attorney’s at Tario & Associates at (360) 671-6500 or complete our Request for Help form as soon as you believe your loved one may have died wrongfully so we can best prepare your case and meet the statutes of limitations requirements.
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