Seattle Wrongful Death Attorney

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil action that may be brought against a person or entity whose negligence or misconduct resulted in the death of another person. These types of lawsuits seek compensation for survivors and dependents of the deceased. 

A wrongful death can be the result of various incidents, including but not limited to:

These lawsuits differ significantly from criminal cases and focus on obtaining monetary compensation for the suffering parties rather than punishing the offender. Compensation can cover a range of damages, including loss of income, medical costs, and emotional distress. Engaging experienced legal counsel enhances the understanding and navigation of these complexities.

Understanding Wrongful Death Laws in Seattle

Local laws in Seattle and across Washington state significantly impact how wrongful death claims are filed and pursued. The Revised Code of Washington (RCW) provides detailed regulations for wrongful death actions, focusing on who can file, the timeline, and what damages can be sought. Understanding these laws is essential for successfully navigating a wrongful death claim and securing adequate compensation for affected families.

Washington’s wrongful death laws consider the deceased’s dependent status and the relationship with the beneficiaries in determining eligibility and compensation amounts. The law permits claims by the spouse, children, or stepchildren of the deceased, while other dependent relatives may also be eligible under specific circumstances. This distinction ensures that those directly impacted by the loss are recognized and supported.

Common Causes of Wrongful Death in Seattle

Seattle, with its bustling streets and diverse industries, presents various scenarios where wrongful deaths may occur. Car accidents remain one of Seattle’s leading causes of wrongful death, often stemming from distracted driving, DUI, and negligent behavior. Similarly, medical malpractice, due to errors in diagnosis or treatment, is a significant contributor.

Industrial and construction accidents are also prevalent in Seattle due to the area's economic dynamics. Unsafe working conditions or negligence in maintaining equipment can result in fatalities, creating grounds for wrongful death claims. These incidents highlight the importance of stringent safety regulations and adherence to legal requirements to prevent further tragedies.

Who Can File a Wrongful Death Lawsuit in Washington?

Under Washington law, only certain people are eligible to file a wrongful death lawsuit. The personal representative of the deceased's estate is allowed to bring a wrongful death action on behalf of those affected by the deceased's passing. The court appoints this representative based on numerous factors; however, if the deceased's will requests that a specific person represent their estate, the court will take it into consideration. That said, the court is not obligated to appoint this person and will often decline if the requested representative has a criminal record, especially if it involves fraud. 

Parties that may be entitled to compensation include but are not limited to:

• Immediate relatives, such as spouses, children, and the parents of an unmarried child
• Anyone who depended on the deceased for financial stability
• Other family members, such as siblings, parents, and grandparents
• Common law spouses, life partners, and putative spouses

Only one lawsuit can be filed per case of wrongful death; however, that lawsuit can involve separate claims. For example, a lawsuit can include a claim by the immediate family members for loss of financial support, funerary expenses, and pain and suffering, while another claim can be filed on behalf of a close friend that depended on the deceased for financial support and stability. 

What Forms of Compensation Can Be Sought in a Wrongful Death Lawsuit?

Beneficiaries of a wrongful death lawsuit in Washington can collect economic and non-economic damages from the negligent party, depending on their relationship with the deceased. For example, a spouse may seek damages related to loss of consortium, whereas a friend generally cannot. 

Economic damages are those with specific dollar values. A good rule of thumb for gauging whether or not damages fall into this category is: if the damages in question have an associated and specific price tag or monetary value, they likely fall into the category of economic damages.

For example, economic damages can include:

• Costs related to burials and funerals
• Lost wages, both for the time the party was injured and for future wages 
• Medical care

Non-economic damages are more abstract and do not have an objective monetary value. These are generally subjective, and the jury will determine the value of these losses.

Examples of non-economic damages include: 

• Pain and suffering
• Emotional distress
• Loss of consortium

When Can a Wrongful Death Lawsuit Be Filed?

A probate action must take place and conclude before any lawsuit can be filed. This process accounts for assets and liabilities and sees that the appropriate parties receive their inheritance based on the deceased's will. If they leave no will, an administrator will be appointed to locate legal heirs, and the court will determine which assets need to be distributed. Typically, these heirs are surviving spouses and children.