The sudden loss of a family member due to the negligence of another is a shocking and painful experience. In addition to the grief, families are often left with serious financial strain as they struggle to pay medical bills, funeral expenses, and regular bills after the loss of an income earning family member. If your loved one died because of another person’s reckless behavior, a wrongful death claim may be the best path to recover a settlement for your losses. If you have questions about the wrongful death claim process, this article is for you.
What is the Purpose of a Wrongful Death Claim?
A wrongful death claim seeks compensation when an immediate family member dies because of another person’s negligence, recklessness, or wrongful conduct. The purpose of the claim is to hold the responsible party accountable and provide financial compensation for the losses suffered by the surviving family members and the estate. A wrongful death claim may also provide a sense of justice and accountability for a family facing the devastating consequences of a preventable death. The amount of compensation available will depend on the circumstances of the death, the relationship between the deceased and surviving family members, and other factors considered under Washington law.
What to Know About the Wrongful Death Claim Process
The wrongful death claim process can be complex. An experienced wrongful death attorney can help manage the legal process and take the following steps:
- Evaluate the circumstances: Your attorney will review how the death occurred and determine whether negligence or another wrongful act may support a claim.
- Investigate the death: The attorney may gather medical records, accident reports, witness statements, photographs, expert opinions, and other evidence to establish liability.
- Identify recoverable damages: Your lawyer will assess financial and non-economic losses, including medical and funeral expenses, lost income and benefits, loss of companionship, and other damages allowed under Washington law. The value of the settlement or jury award is calculated using a number of factors, including the decedent’s age, the quality of the relationship with the plaintiff, and their earning capacity, life expectancy, and health and intelligence; along with the circumstances of the beneficiaries of the estate.
- Handle insurance companies: Your attorney can communicate with insurers and negotiate on behalf of the estate to protect your interests during settlement discussions.
- File a lawsuit if necessary: If the parties cannot reach a fair settlement, your attorney may file a wrongful death lawsuit and represent the estate throughout litigation.
- Resolve the claim: A case may conclude through a negotiated settlement, mediation, or trial. Your attorney can explain your options and help you determine the best course of action.
Starting the process with a knowledgeable attorney can help your family understand your rights and pursue the compensation you may be entitled to receive.
Who Can File a Wrongful Death Claim in Washington State?
In Washington State, a wrongful death action is brought by the “personal representative” of the decedent’s estate (also known as the executor). Along with the family, the personal representative is entrusted to hire a wrongful death lawyer on behalf of the estate. A personal representative has a legal responsibility to be honest, loyal, and act in good faith while acting in the best interests of the estate’s beneficiaries.
It is perfectly legal and common for a personal representative to be a beneficiary of the estate for which they are the executor. In many cases, the personal representative is the decedent’s spouse, registered domestic partner, or the dependents of a person who has died as a result of the negligence or wrongful act of another person or entity.
If no immediate family members are available or willing to serve, the court may appoint another qualified person, such as a parent or sibling, to act as the personal representative.
Contact a wrongful death lawyer to determine whether you are eligible to pursue a wrongful death claim and what damages you may be able to recover.
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! 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!
