Have you lost a loved one due to the negligence of another? If so, we are very sorry for your loss. We understand that grieving the loss of a loved one while worrying about potential financial challenges can leave families feeling lost and uncertain about the future. As Bellingham wrongful death attorneys with decades of experience, we’ve put together a comprehensive list of frequently asked questions about wrongful death cases to help guide you through this challenging time. From understanding your legal rights to navigating the claims process, our goal is to provide you with the information you need to make informed decisions during this difficult time.
A person may have suffered a wrongful death if they were killed as a result of the negligence, carelessness, or intentional act of another person or entity. A wrongful death claim may arise when someone’s actions or failure to act leads to a fatal injury.
A wrongful death lawsuit is a civil action brought to hold the responsible person or entity accountable for the death of a loved one. The claim is typically filed by the executor or personal representative of the deceased person’s estate.
Typically, a wrongful death lawsuit seeks compensation for financial and emotional losses related to the death of a loved one. These damages may include loss of support and services, loss of potential inheritance, pain and suffering of the deceased, and medical and funeral expenses. Courts or juries consider factors such as the age, health, earning capacity, and life expectancy of the deceased when determining damages.
When a death results from another person’s actions, both civil and criminal cases may arise. A criminal case is brought by the government to punish the wrongdoer through penalties such as jail time, while a civil wrongful death case seeks financial compensation for the surviving family members or estate.
In some states, including Washington State, parents may bring a wrongful death claim for the loss of a fetus if it is shown that the fetus was viable. Viability generally means the fetus was healthy before the negligent act and would likely have been born alive and healthy if not for the incident.
Yes. A parent, child, or dependent family member may bring a wrongful death claim for the loss of a child or elderly person. However, because damages are often based on the financial and practical value of the deceased person’s life to surviving family members, cases involving children or retired individuals may result in different valuation considerations.
Yes. Even if a spouse was not earning an income, damages may still be recovered based on the value of services provided to the household, such as childcare, household management, and other contributions. These losses can be considered part of the overall wrongful death claim.
We look forward to answering all of your questions and speaking with you about your legal needs. When you call our office or send us a message through our consultation request form we will provide a FREE initial consultation and case evaluation. Our attorneys offer home and hospital visits with evening and weekend appointments available.