bellingham wrongful death attorney Tag

2019 Changes to WA State Wrongful Death Laws

Effective, July 28, 2019, Washington State’s wrongful death laws were expanded with the amendment of four statutes in SSB 5163. In short, the Substitute Senate Bill allows a broader category of people to be able to sue for wrongful death (RCW 4.20.020) and expands the types of damages they may recover (RCW 4.20.046). Note that the law was remedial and retroactive and applied to all claims that were not time barred, as well as any claims that were pending in any court on July 28, 2019.

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Family of Walmart Employee That Died of Coronavirus Complications Files Wrongful Death Lawsuit

As reported by CNBC, A 51-year old Walmart employee died of complications of Coronavirus just two days after he was finally sent home from work on March 23^rd. Wando Evans’ family alleges in the lawsuit that Evans told his managers about his symptoms but was ignored. The suit also alleges that Walmart knew that other employees were also showing symptoms of Coronavirus and that another man who worked at the store also died, just four days after Wando. Wando had worked for Walmart for the last 15 years as an overnight stock and maintenance associate at a store in Evergreen Park, near Chicago.

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State or Federal Court for a Wrongful Death Claim?

When a person dies because of the negligence or willful act of another entity or person, the surviving family members may be able to bring a civil lawsuit, often through a representative of the deceased person’s estate. This type of lawsuit is called a wrongful death claim and its purpose is to recover damages for pain and suffering, lost income, care and companionship, medical and funeral expenses, etc. The rules for wrongful death claims vary from state to state, where the vast majority of wrongful death claims are made.

There are some circumstances, though, where wrongful death claims end up in federal court. Often, this is when a defendant requests that the case be moved from the state-level to the federal judicial system.

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What is the Statute of Limitations and the Discovery Rule for Wrongful Death Claims?

If you have lost a loved one because of the negligence of another, you’re likely feeling heartbroken and overwhelmed. You may also be wondering how you are going to support your family financially in light of the loss. A wrongful death claim may be a valid option to help your family recover damages such as funeral and medical expenses, lost income and more.

When it comes to all types of personal injury claims – including wrongful death – every state has personal injury laws in place. These laws include a statute of limitations and the “Discovery Rule.”

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When Fraternity Hazing Turns Deadly: Wrongful Death Lawsuit

Many freshman college students are excited to join a fraternity or sorority as they start their college experience. It’s a way to create a sense of belonging when away from home for the first time. Most people love their experiences but sometimes things can go very wrong when hazing is taken way too far. Hazing is humiliating and sometimes dangerous initiation rituals, often imposed on students seeking membership into a fraternity or sorority. In recent years, there have been some tragic deaths associated with college hazing that have made the national news. Some of these deaths have resulted in wrongful death lawsuits brought by the family of the deceased. When the actions of a fraternity lead to the death of a person, it may be appropriate to file a wrongful death lawsuit against the university and/or fraternity to recover damages. Here is one example: on February 3, 2020, the mother of the Rutgers student who was killed by a train after becoming intoxicated at a frat party sued the school and fraternity for wrongful death.

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Can I File a Wrongful Death Claim For A Slip and Fall Accident?

While the snow and ice has cleared from the snowstorm in mid-January, the Pacific Northwest isn’t out of the woods yet. Slip and fall accidents increase during winter months because of icy walkways. Snow, sleet and freezing rain can all turn into hazardous traveling conditions. Pedestrians should take reasonable precautions to protect themselves from a fall by slowing down in icy conditions but property owners can reduce the chances of a slip and fall injury on their property by salting or sanding walkways.

Injuries from slip and fall accidents vary in severity from a bruised tailbone to broken bones and yes, even death. Senior adults over the age of 65 are particularly susceptible to slip and fall accidents leading to serious injuries; falls are the most common cause of nonfatal trauma-related hospital admissions among the older population. Each year at least 300,000 older people are hospitalized for hip fractures with more than 95 percent of hip fractures caused by falling. According to the National Council on Aging, one in four Americans over the age of 65 has a slip and fall accident every year. Every 11 seconds, a senior adult seeks emergency room treatment for a fall and every 19 minutes, a senior person dies from a fall. In fact, falls are the number one cause of fatal injury among seniors.

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The Top 5 Causes of Wrongful Death During the Holiday Season

The holiday season can be a really joyful time, shared with family and loved ones. Unfortunately, its also comes with some particular injury risks that may involve the negligence of another person or organization. Some of the factors that lead to wrongful death during the holiday season are longer hours of darkness, people not handling stress in appropriate ways, drinking and driving after holiday parties, and defective products that come in the form of gifts.

If you lost a loved one during the holiday season and you believe that it was caused by the negligence or willful act of another, contact a local wrongful death attorney as soon as possible. The wrongful death lawyer can discuss your legal rights and may be able to help you recover damages so you aren’t left with a financial disaster on top of the pain of losing your loved one.

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Are Wrongful Death Settlements Taxable?

Losing a loved one unexpectedly is heartbreaking, and navigating the legal and financial aftermath can feel overwhelming. If you have received a wrongful death settlement or are in the process of pursuing one, you may be wondering: Are wrongful death settlements taxable? It’s an important question, especially because injury settlements are supposed to provide financial relief during an already difficult time. Understanding how the IRS treats these settlements can help you make informed decisions and avoid surprises down the road.

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Seeking Compensation For a Wrongful Death Bike Accident

As cities like Bellingham, WA have become more bike friendly the number of bikes sharing the road with cars has grown. With more bikes on the road, the risk for bike versus car accidents increases. According to federal data shared on Streets Blog USA, cyclist fatalities rose 10 percent while traffic fatalities overall fell one percent in 2018. This was the second year in a row to see an increase in cyclist fatalities. When a bicycle versus car accident happens because of the reckless or negligent behavior of a driver, it is often the unprotected cyclist who pays the price.

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How 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:

1. When an individual’s death is deemed to have occurred from natural causes, but years later, there is evidence of medical malpractice;
2. Information as to the cause of death is deliberately hidden; and
3. 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.