Wrongful death pedestrian accidents are a devastating tragedy for families, often made worse by the financial strain and legal work required to fight for a fair settlement. As wrongful death attorneys, we know that no amount of compensation can replace the loss of a loved one, but pursuing a wrongful death claim is the best way to help families cover medical and funeral expenses, as well as provide a sense of justice and accountability.
If you have lost a loved one in a pedestrian accident due to the reckless or negligent behavior of a driver, you may have grounds for a wrongful death lawsuit. Consult with an experienced, local wrongful death attorney to discuss your legal rights and a path forward for navigating the legal process to seek the compensation you deserve.
10 Steps Required to Hold Drivers Accountable for Wrongful Death Pedestrian Accidents
In Washington State, surviving family members have up to three years to file a wrongful death lawsuit. This means that a wrongful death lawsuit may be brought against anyone responsible for your family member’s pedestrian accident within three years of the incident, though it is not a good idea to wait until the statute of limitations is about to run out.
When you are ready to file a wrongful death lawsuit for your family member’s pedestrian accident, search for an experienced and successful wrongful death pedestrian accident attorney who can review your case and help you file a wrongful death claim. Remember, there are no up-front costs to hire a wrongful death lawyer and you only pay if you win. The lawyer will make sure your lawsuit is filed in accordance with Washington State’s statute of limitations.
In addition, they will handle every aspect of your wrongful death pedestrian accident claim in order to hold the negligent party accountable and fight to get you the maximum settlement possible. Specific steps include:
- Providing emotional support and guidance. Wrongful death lawyers and their team offer compassionate legal counsel during a deeply painful time, helping you focus on healing while they focus on justice.
- Investigating the accident thoroughly. Your pedestrian accident attorney will collect police reports, eyewitness statements, surveillance footage, accident reconstruction data, and more to build a clear picture of what happened.
- Calculating full damages. Wrongful death lawyers are familiar with all types of economic and non-economic damages (losses) associated with wrongful death cases and will help calculate them so they can fight for a full and fair settlement on your behalf. This includes medical bills related to the accident, funeral and burial costs, pain and suffering, and loss of income/future financial support.
- Determining liability. Your lawyer will identify who is legally at fault for the accident —whether it’s a negligent driver, a municipality, or another third party.
- Gathering and preserving evidence. Wrongful death lawyers ensure that time-sensitive evidence is documented and preserved to support your case.
- Handling insurance companies. Your attorney will handle all communication and negotiation with the at-fault party’s insurance company to protect your family from lowball settlement offers.
- Filing a wrongful death claim or lawsuit. Your wrongful death lawyer will file the necessary legal paperwork to initiate a wrongful death claim in civil court.
- Interviewing and retaining expert witnesses. Pedestrian accident lawyers will interview and retain medical experts and accident reconstruction experts who can support your claim, as needed.
- Negotiating a settlement. Your wrongful death attorney will attempt to negotiate a fair and timely settlement to avoid the stress of a lengthy trial, if possible.
- Preparing for trial (if needed). Your lawyer will build a strong courtroom strategy and advocate on your behalf before a judge and jury if a fair settlement can’t be reached.
Understanding the Wrongful Death Claim Process
Even if you file a wrongful death claim in the week or two after your loved one passed away, it takes time for your wrongful death lawyer to complete all the steps listed above and for the legal system to process your case, review evidence, and respond to filings. Plaintiffs should expect their claim to take several months up to a few years, depending on the complexity of the case, how many rounds of negotiation are required, and whether the case needs to go to trial.
Your attorney will always attempt to secure a settlement through negotiation as this saves time and money associated with bringing a case to trial. If you receive a settlement offer, your attorney will advise you about whether it is a fair offer or not. If not, they will counter with a new proposal to continue the negotiation process.
It is very important to choose a wrongful death attorney who has experience and isn’t afraid to take a personal injury case to trial. If a fair settlement cannot be negotiated outside of court, the only option is to move forward with litigation and present your case before a judge and jury to seek the justice and compensation your family deserves. Your attorney will represent you in court and answer any questions or legal concerns you may have about the process.
Seek the Help of a Wrongful Death Pedestrian Accident Attorney
If you lost a loved one due to the reckless/negligent behavior of another, you have enough to deal with. Let an experienced wrongful death attorney fight for justice on your behalf. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a wrongful death lawyer. Call the most experienced practicing wrongful death attorneys Bellingham has at Tario & Associates, P.S. today for a FREE consultation! Since 1979, our personal injury law firm, Tario & Associates, P.S., has been dedicated to fighting for the rights of people injured throughout Washington State, with local offices in Bellingham and Mount Vernon to serve residents of Whatcom, Skagit, Island, and Snohomish counties. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
