In Washington State, a wrongful death claim may arise when “the death of a person is caused by the wrongful act, neglect, or default of another.”Wrongful death claims may arise from many situations, including medical malpractice, car accidents, workplace incidents, and criminal acts. However, the specific legal requirements for a wrongful death claim vary by state.
When a person dies because of another person’s wrongful conduct, certain surviving family members or other eligible beneficiaries may be able to file a civil lawsuit against the person or persons responsible to recover financial compensation for their losses. The people who can bring a claim and the damages they may recover depend on state laws.
Understanding the common causes of wrongful death can help families recognize when another person’s actions may have contributed to a loved one’s death.
Top 8 Causes of Wrongful Death
Wrongful death claims can arise in many different circumstances. The following are seven common causes/examples of situations in which a wrongful death claim may be possible.
1. Car Accidents
Car accidents involving distracted, impaired, or aggressive drivers, unsafe road conditions, and pedestrian collisions can result in fatal injuries. When another person’s negligence or wrongful conduct causes a death, eligible family members may be able to file a wrongful death claim.
2. Truck Accidents
Commercial truck accidents can result in fatal injuries because of driver fatigue, distracted driving, improper loading, or other negligent conduct. Depending on the circumstances, a wrongful death claim may be brought against the truck driver, trucking company, or another responsible party.
3. Motorcycle Accidents
Motorcycle accidents can result in fatal injuries when drivers fail to see motorcyclists, follow too closely, or otherwise drive negligently. When another person’s wrongful conduct causes a motorcyclist’s death, eligible family members may be able to file a wrongful death claim.
4. Bicycle Accidents
Bicycle accidents can result in fatal injuries when drivers fail to see cyclists, fail to yield, or otherwise drive negligently. When a cyclist dies because of another person’s wrongful conduct, eligible family members may be able to file a wrongful death claim.
5. Medical Malpractice
Medical malpractice can result in fatal injuries when a healthcare professional’s negligence causes a patient’s death. Common examples include medication errors, misdiagnosis or delayed diagnosis, surgical errors, and emergency room mistakes. Depending on the circumstances, a wrongful death claim may be brought against the healthcare professional, hospital, or another responsible party.
6. Products Liability
Defective products can result in fatal injuries when a design defect, manufacturing defect, or failure to provide adequate warnings causes a death. Depending on the circumstances, a wrongful death claim may be brought against a manufacturer, distributor, or seller of the product.
7. Work-Related Accidents
Work-related accidents can result in fatal injuries when unsafe conditions, faulty equipment, inadequate training, or other negligent conduct contributes to a death. Depending on the circumstances and applicable workers’ compensation laws, eligible family members may be able to pursue a wrongful death claim against a responsible third party.
8. Criminal Acts
Criminal acts can result in fatal injuries when a person’s intentional or reckless conduct causes another person’s death. Depending on the circumstances, a wrongful death claim may be brought against the person responsible, even if criminal charges are not filed or the defendant is not convicted.
Who May Bring a Wrongful Death Claim in WA State?
Wrongful death lawsuits seek to compensate family members or the estate for the wrongful death of their family member.
Washington State law allows the following parties to file a wrongful death claim:
- The personal representative of the deceased person’s estate
- The spouse or state registered domestic partner of the deceased person
- The child, children, or step-children of the deceased person
Note: If the deceased person had no spouse, state registered domestic partner, children, or step-children; the deceased person’s parents, sisters, or brothers may file a wrongful death claim.
Seek Help from a Wrongful Death Lawyer Today
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!
