What You Need to Know Before Filing a Wrongful Death Lawsuit
No matter how the sudden loss of a family member occurs, it is a painful and emotional experience. But when that loss is caused by someone else’s reckless or negligent behavior, the heartbreak can feel even more devastating. It’s not just grief you’re facing; it’s the heavy burden of knowing that the death could have been prevented. If your loved one died because of another person’s reckless behavior—whether in a car accident or some other tragic event—they may have suffered what is legally known as a wrongful death.
In the grieving process, it’s natural to feel overwhelmed, confused, and unsure of how to handle the day to day, including paying your bills. At the same time, you may feel a strong desire to hold the responsible party accountable and seek justice for the unnecessary loss your family has suffered. Questions may be racing through your mind about how to seek justice such as: What kind of evidence do I need? Who should I talk to? How am I going to survive financially?
The most important first step is to contact a knowledgeable and compassionate wrongful death attorney in your area. A qualified lawyer can help guide you through the legal process, answer your questions, and begin building a case that honors your loved one’s memory.
What is the Purpose of a Wrongful Death Lawsuit?
Wrongful death lawsuits seek to compensate family members or the estate for the wrongful death of their family member. A variety of damages may be recovered, including medical expenses, funeral and burial costs, lost income and benefits, loss of companionship, and pain and suffering experienced by the surviving family members.
Damages fall into two categories: economic damages and non-economic damages. Economic damages cover measurable financial losses such as medical bills, funeral expenses, and lost future income/inheritance. Non-economic damages compensate for more subjective losses like pain and suffering, emotional distress, and loss of companionship or guidance.
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.
Who Can File a Wrongful Death Lawsuit in Washington State?
Every state, including Washington, has wrongful death laws to compensate family members who suffer the wrongful death of a loved one. In Washington State, “Wrongful Death” and “Survival of Actions” statutes define the permitted actions and permitted beneficiaries for claims on behalf of the aggrieved family and loved ones. The 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.
When multiple parties claim eligibility to file a wrongful death claim, state laws determine who has the legal right to do so. So, who gets the money in a wrongful death lawsuit? Typically, immediate family members such as a spouse or children have the highest priority. 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 bring a wrongful death suit and what damages you may be able to recover.
10 Common Causes of a Wrongful Death Lawsuit
Losing a loved one is devastating, even more so when the loss is caused by someone else’s negligence or recklessness. In these heartbreaking cases, surviving family members may have the legal right to pursue a wrongful death suit. These civil claims seek justice and compensation for the emotional and financial harm caused by the untimely death.
Understanding the most common causes of wrongful death can help families recognize when they should speak to an experienced wrongful death attorney to discuss their legal rights. Below are 10 of the most frequent causes of wrongful death in the United States.
- Motor Vehicle Accidents
Car crashes are one of the leading causes of wrongful death nationwide. When a driver ignores traffic laws or behaves recklessly or carelessly behind the wheel, the consequences can be devastating. Whether it’s due to drunk driving, distracted driving, speeding, or reckless behavior, a negligent driver can be held accountable when their actions cause a fatal accident.
In some wrongful death cases, the driver is charged with vehicular assault. Under Washington State law (RCW 46.61.522), vehicular assault is defined as operating or driving a vehicle in a reckless manner, while under the influence of alcohol or drugs, or with disregard for the safety of others, and causing substantial bodily harm to another person.
Here are some statistics about some of the most common causes of fatal motor vehicle accidents:
- Drunk driving accidents cause thousands of personal injuries and fatalities every year. According to the National Highway Traffic Safety Administration (NHTSA), there are an average of 32 fatalities per day caused by alcohol-related crashes.
- According to data from NHTSA, distracted driving killed 3,522 people in 2021 and 3,308 people in 2022. These numbers tell us that distracted driving is a big problem on our roads. Using cell phones for texting, calling, and social media is the most common type of distraction but there are other risky driving behaviors.
- Speeding consistently ranks as one of the leading causes of deadly car accidents in the United States. According to the National Highway Traffic Safety Administration (NHTSA), speeding contributed to 29 percent of all traffic fatalities in 2022, resulting in over 12,151 deaths.
- Reckless driving is a leading cause of fatal car accidents in the U.S., often resulting in preventable deaths. In 2022 alone, 2,491 people were killed in crashes involving reckless or negligent drivers.
- Commercial Truck Accidents
Semi-truck accidents are unfortunately common and often result in serious consequences due to the size and weight of these vehicles. Accidents involving semi-trucks, delivery vans, and other commercial vehicles often lead to catastrophic outcomes, including significant damage to property, severe injuries, and, in some cases, loss of life. There are several common causes of semi-truck accidents, including driver fatigue from long hours on the road.
These cases are especially complex because they may involve multiple liable parties, including the truck driver, the trucking company, or even a cargo loader. There are several common causes of semi-truck accidents, including:
- Driver fatigue. Long hours on the road can lead to driver fatigue, impairing a truck driver’s ability to react quickly and make sound decisions. Hours-of-service regulations are in place to limit the number of consecutive driving hours and require rest breaks but some truck drivers may exceed their allowable driving hours.
- Distracted driving. Just like in other vehicles, distracted driving can be a major cause of accidents involving semi-trucks. This can include texting, using a phone, eating, or other activities that take a driver’s attention away from the road.
- Speeding. Excessive speed is a significant factor in truck accidents. Semi-trucks require longer distances to stop than smaller vehicles, and when they are traveling too fast, they may not be able to stop in time to avoid a collision.
- Impaired driving. Truck drivers operating under the influence of drugs or alcohol can pose a serious threat to other road users. Commercial drivers are subject to strict alcohol and drug testing regulations, but violations still occur.
- Inadequate training. Inexperienced or inadequately trained truck drivers may struggle to handle the complexities of large commercial vehicles, leading to accidents.
- Poor vehicle maintenance. Neglected maintenance can lead to equipment failures, such as brake or tire malfunctions, which are particularly dangerous for semi-trucks.
- Overloaded or improperly loaded cargo. Trucks that are overloaded or have improperly distributed cargo can become unstable and difficult to control, increasing the risk of accidents.
- Weather conditions. Adverse weather conditions, such as rain, snow, ice, fog, or strong winds, can make driving a semi-truck challenging. Reduced visibility and slippery roads can lead to accidents.
- Aggressive driving. Aggressive behaviors like tailgating, improper lane changes, and road rage by truck drivers or other motorists can result in accidents.
- Blind spots. Semi-trucks have significant blind spots, and accidents can occur when other drivers linger in these areas, making it difficult for the truck driver to see them.
- Road design and conditions. Poorly designed roads, construction zones, potholes, and debris on the road can contribute to accidents involving semi-trucks.
- Medical Malpractice
Healthcare professionals are held to a high standard of care because when they fall short, the consequences can be fatal. Wrongful death from medical malpractice may stem from misdiagnosis, surgical errors, anesthesia mistakes, and medical errors. These claims often require expert testimony to prove negligence. Here are the most common causes of medical malpractice claims:
- Surgical errors account for about one third of all medical malpractice claims made by inpatients
- Wrong-site surgery
- Leaving a surgical item inside body such as a sponge that causes infection
- Wrong patient surgery
- Organ and nerve damage
- Anesthesia errors are another serious cause of inpatient medical malpractice claims
- Failure to examine the patient’s medical history for clues about how the patient may react to the anesthesia
- Failure to monitor the patient properly while under anesthesia
- Birth injuries are a common cause of medical malpractice claims. In fact, OBGYNs are sued more for medical malpractice than any other type of physician.
- Injuries to the child or mother
- Wrongful pregnancy is when an attempted termination fails
- Wrongful birth is when the parents were not informed of serious health issues in the fetus
- The most common cause of medical malpractice claims among outpatients is misdiagnosis or failure to diagnose.
- For adults the most common errors in this category relate to cancer or heart disease. When these serious health conditions are not diagnosed and treated in a timely manner the patient can end up with a serious health decline or even preventable death.
- For children the most common error in this category is related to meningitis. Without proper treatment, meningitis can be deadly.
- Medication errors are a common cause of medical malpractice claims
- Overdose from a dosage error or interaction with other drugs that leads to wrongful death
- Dangerous side effects not communicated to patient
- Lack of treatment leading to further illness when wrong medication is prescribed for diagnosis
- Lack of treatment leading to further illness with the right medication is prescribed for the wrong diagnosis
- Defective Products
When a product is dangerously designed, manufactured improperly, or sold without proper warnings, it can lead to fatal consequences. Wrongful death claims may involve defective auto parts, hazardous medications, exploding batteries, or unsafe children’s products. These lawsuits are usually brought under product liability laws.
For basic defective product claims, every state has essentially the same laws. A qualified product liability lawyer will have a deep understanding of product liability categories and appropriate strategies to use in presenting your case. They will also conduct research to prove the connection between the defective product and your injury. Here are the three types of product liability claims:
Defectively manufactured products:
A product is considered to have a manufacturing defect when there was an error made during the manufacturing process, like an assembly line error or equipment error. The end result is an injury-causing product different from the other products on the shelf.
Defectively designed products:
When a product’s design is inherently dangerous or defective, it is considered a defectively designed product. The case needs to be made that the entire line of products is inherently dangerous, regardless of the fact that the product was built according to manufacturer specifications.
Failure to provide adequate warnings or instructions:
When a manufacturer fails to provide adequate warnings or instructions about the product’s proper use, they may face a product liability claim. A legitimate claim using this category usually involves a product that is dangerous in some way that isn’t obvious to the user or that requires the user to use special care or attentiveness when in use.
- Slip and Fall or Premises Liability Accidents
Property owners have a duty to maintain safe conditions. According to National Safety Council, in 2014, falls were the third leading cause of unintentional deaths in the United States. In 2014 alone, more than 31,000 people died in a fall.
Fatal injuries can occur from slip and fall accidents, collapsing structures, or poorly lit walkways. When negligence leads to a death, especially in places like apartment buildings, stores, or construction sites, the owner or manager may be held legally responsible.
- Fires and Explosions
Faulty wiring, defective appliances, gas leaks, or flammable materials can cause deadly fires or explosions. If someone dies in a fire that could have been prevented, a wrongful death claim can target landlords, utility companies, manufacturers, or others responsible for the dangerous condition when they owe a duty of care.
- Drownings
Drownings—especially involving children—can occur due to lack of supervision, unfenced pools, or unsafe water conditions. A property owner may be liable for a drowning on their property if they did not take proper safety measures. Whether the tragedy happens at a private home, a public pool, or a hotel, the property owner has a legal responsibility to maintain a safe environment and prevent foreseeable risks. Failure to do so may result in a premises liability claim that seeks compensation for losses.
- Nursing Home Abuse or Neglect
Elderly residents in nursing homes depend on staff for basic care. Sadly, neglect and abuse are far too common. Nursing home neglect and abuse is the failure to meet an older adult’s needs, which include food, water, shelter, clothing, hygiene, and essential medical care. Wrongful death may result from bedsores, malnutrition, infections, or physical abuse.
Families can take legal action to hold the facility accountable and protect other residents from future harm. A wrongful death nursing home settlement not only provides financial compensation for grieving family members but also helps restore dignity to the loved one who suffered abuse.
- Aviation Accidents
While plane and helicopter crashes occur less frequently than other types of accidents, they are more likely to be fatal. These incidents can be caused by pilot error, defective aircraft components, or negligent maintenance. In some cases, crashes happen during emergency medical flights, sightseeing tours, or private recreational trips.
Lawsuits may involve major airlines, private charter services, or aircraft manufacturers and seek to compensate the victim’s family for their losses. Investigations to prove liability often require coordination with federal agencies like the National Transportation Safety Board (NTSB) to determine the cause and identify liable parties.
- Criminal Acts and Assaults
When a person is killed as a result of another person, the defendant may be charged in both civil and criminal courts. A criminal case is brought by the government for the purpose of punishing the person through jail time or other measures while a civil case seeks justice through a monetary settlement.
Civil lawsuits seek financial compensation for the loss, separate from any criminal penalties.
Wrongful Death Lawsuit Q & A
A major part of a wrongful death settlement calculation is lost wages and lost services. So, when a fetus, child, unemployed, or elderly person is killed in a wrongful death situation, their loved ones may wonder if they can still recover any damages. Here are three common questions we receive from families under these circumstances:
Can a wrongful death lawsuit be filed for the loss of a fetus?
While not every state allows parents to bring wrongful death lawsuits for fetuses, Washington State does allow it if a medical expert can prove that the fetus was “viable.” Viability means that the fetus was healthy before the negligent action and would have been born healthy if it weren’t for the unfortunate incident.
Can I file a wrongful death lawsuit for a child or elderly person?
Yes, a parent, child or adult dependent may file a wrongful death lawsuit for the loss of a child or elderly person. Plaintiffs should know that because the amount of the settlement of each wrongful death case is determined by the value of the victim’s life to surviving dependents, the deceased person’s lost earning potential is an important factor. Because children and an elderly person past retirement age typically would not be earning income, it often means a much smaller settlement.
Can I bring a wrongful death action if my spouse was not earning an income?
Yes, other factors such as the services provided to the family would be used to calculate a reasonable settlement for a person who did not earn an income. A stay-at-home parent, for example, makes contributions to the family such as childcare that are quantifiable as “pecuniary losses” in a wrongful death action.
Seek Justice After a Preventable Death
If you’ve lost a loved one under tragic and avoidable circumstances, you don’t have to face it alone. A wrongful death lawsuit can help you hold the responsible party accountable while securing the financial support your family needs to move forward.
Contact our office today for a free consultation. We’ll listen to your story, explain your legal options, and fight for the justice your loved one deserves.
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!
