Losing a loved one is difficult no matter the circumstances, and family members often go through several stages of grief before they even begin to face the practical implications of the loss. This is true whether the passing was caused by an illness or an accident, though a sudden, unexpected death can be particularly painful.
When a death occurs because of another person’s actions or negligence, families may also be faced with important legal questions.
What is Wrongful Death?
Wrongful death is when someone dies as a result of the reckless behavior, negligence, or deliberate act of another. Examples include:
- Car accidents. When a driver who is speeding, distracted, impaired, or otherwise negligent causes a fatal crash.
- Truck accidents. When a commercial truck driver or trucking company fails to follow safety regulations and causes a deadly collision.
- Medical malpractice. When a doctor, nurse, hospital, or other healthcare provider makes a preventable error that leads to a patient’s death.
- Workplace accidents. Unsafe working conditions, inadequate training, or safety violations contribute to a fatal injury on the job.
- Dangerous or defective products. When a defective vehicle, medical device, household product, or other consumer product causes a fatal injury when used as intended.
Note: Tario & Associates does not take medical malpractice or workplace accident cases.
If you believe you lost a loved one due to a wrongful death, it is important to seek legal advice from an experienced wrongful death lawyer as soon as possible. The attorney will review the events leading up to the death to determine whether it was caused by another person’s actions or negligence. If so, they will evaluate the financial and personal losses resulting from the death to determine the potential value of a wrongful death claim.
How Long Do I Have to File a Wrongful Death Claim in Washington State?
A statute of limitations is a time limit on the ability to file a legal claim. Each state has its own statutes of limitations for legal action for different types of personal injury claims. Some states also make exceptions for injures that occurred to minor children, allowing the statute of limitations to begin from the date of the plaintiff’s (injured person’s) 18th birthday.
Since a wrongful death claim falls under personal injury laws, the statute of limitations applies to any claim brought for wrongful death. In Washington State, the statute of limitations for most personal injury claims is three years, which is applied to wrongful death claims. It is critical to file a legal claim within this time frame – preferably well before it ends. If you wait too long to seek damages, the court will not allow your claim to move forward.
In most cases, the three-year statute of limitations begins on the date of the victim’s death. However, there are exceptions. In some situations, the filing deadline may begin later, such as when important facts related to the cause of death are discovered after the death occurs.
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 about the cause of death is deliberately hidden and later discovered.
- Products used by the deceased were later found to be defective.
Seek the Help of a Wrongful Death 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!
