Top 4 Myths about Wrongful Death Claims
While no amount of money can replace your lost family member, there are practical reasons for pursuing a wrongful death settlement. Financial stresses often become very real after the loss of a family member, especially if they were the primary bread winner. Unexpected expenses such as the cost of the funeral and medical bills can also add up quickly. If you lost a loved one because of the negligent or intentional behavior of another, a wrongful death claim may the best (and only) way to recover financial compensation. There are many myths about wrongful death claims that may prevent people from filing a claim that they are entitled to. We will take a look at some of the main ones in this article.
Top 4 Myths about Wrongful Death Claims
- Only the spouse or child of the deceased can bring a wrongful death action
It is “common knowledge” that only a spouse or child of the deceased can bring a wrongful death action and yet, it is not true. In some situations, parents, siblings and even someone who had a proven financial dependence on the decedent can make a claim. As outlined in Washington State’s general wrongful death statute, the deceased person’s spouse, registered domestic partner and children are given priority to file a wrongful death claim. If the decedent didn’t have a spouse, registered domestic partner or any children, then parents or siblings may recover through the personal representative of the deceased.
- I can’t file a wrongful death claim if it was caused by an accident
When it comes to wrongful death claims, “intent” doesn’t dictate the right to file a claim; whether the death occurred because of an accident or an intentional act, you have a right to file a wrongful death claim. In fact, the most common type of wrongful death claim is from car accidents where the driver crashed into your loved one unintentionally. The ability to bring a successful claim rests on whether there is sufficient evidence for the wrongful death lawyer to make the case that the defendant’s negligence or wrongdoing was the cause of the death.
- We had life insurance so I don’t need to file a wrongful death claim
People invest in life insurance to prepare financially for the unexpected loss of their partner; specifically, to protect their own and their children’s financial security. But each life insurance plan comes with fine print and insurance companies are notorious for trying to get out of payouts. Even when a payout is granted, it may not be enough to cover all losses such as lost future income. In these situations, the life insurance payout can be helpful alongside a wrongful death settlement. Speak to a wrongful death attorney before agreeing to any insurance settlement.
- I can’t afford to file a wrongful death lawsuit
It is a myth that clients need to pay up front or out-of-pocket for wrongful death claims. If you need help with a wrongful death claim, do not worry about paying large sums of money out-of-pocket. The law firm advances many out-of-pocket costs for wrongful death clients. When cases are concluded with a monetary recovery, the firm is repaid for the out-of-pocket costs they have advanced from the proceeds of a settlement or judge or jury verdict.
Seek the help of a wrongful death attorney
If you lost a loved one due to a preventable medical error or 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! We have been representing grieving family members in Whatcom County, Skagit County, Island County and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!