Who is Entitled to Bring a Wrongful Death Action Under the Jones Act?
Seamen and other maritime crew take on considerable risks in their job. In the tragic event of a wrongful death there are protections provided under the Jones Act. The person considered the personal representative of a seaman / crew member who died on shore or within three nautical miles from shore, may bring a wrongful death claim under the Jones Act. This representative is typically representing the surviving widow or husband and children. In the absence of these relationships then the employee’s parents, siblings, or others dependent on the seaman may be represented.
Read More5 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 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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