Guide to Wrongful Death Claims in Washington

Losing a loved one is devastating, and when caused by someone else’s negligence, the pain is even more significant. In Washington, wrongful death claims allow specific individuals, such as spouses, children, or parents, to seek justice and compensation. If you are wondering who can sue for wrongful death in Washington, understanding your rights is the first step toward holding those responsible accountable.

The sudden loss of a loved one is heartbreaking. Imagine the pain of not only coping with that loss but also realizing that time is running out to seek justice. In Washington, the window for filing a wrongful death claim is limited, and waiting even a short while could cost you the chance to hold the responsible parties accountable.

Navigating a wrongful death claim while grieving can feel impossible, and understanding your rights is crucial to obtaining the justice and compensation your family deserves. At McPartland Law Offices, we are here to lift that weight and guide you through each step so you do not have to face it alone.

What is a Wrongful Death Lawsuit?

A wrongful death is when someone is killed because of the negligence or wrongful act of another person. Some examples of wrongful death might include:

• A car accident that causes the death of a loved one
• A fatal fall because of an uneven walkway
• Someone drowns in an unsecured pool

These are just a few examples of cases that could be wrongful death. The at-fault person does not have to commit a crime for the courts to consider a death wrongful – but the courts must find the at-fault person breached a duty of care to keep others from harm. An experienced wrongful death lawyer at McPartland Law Offices can help you determine whether another person’s negligence caused the decedent’s death.

The decedent’s personal representative is the person who files a wrongful death lawsuit against the defendant. In most cases, that person is the closest surviving family member. It can also be the executor of the decedent’s will. This often requires setting up an estate on behalf of the deceased, if one has not already been established.

Who Are the Beneficiaries of a Wrongful Death Claim?

Although the personal representative for the deceased person’s estate or the executor of the will brings the wrongful death claim on behalf of the decedent’s estate, under the wrongful death statute, surviving family members recover the compensation that may be awarded in the lawsuit. Those who benefit from wrongful death settlements or litigation include:

• Surviving spouses
• Domestic partners (if they are state-registered)
• Children
• Step-children
• Parents
• Siblings
• See Chapter 4.20 RCW

How Much Can You Collect in Wrongful Death Damages?

A wrongful death attorney can help the decedent’s estate recover compensation for a wrongful death due to the negligence of another person or entity. After a successful wrongful death action, the beneficiaries can recover two types of damages: Economic and non-economic.

Economic Damages

Sometimes referred to as special damages, economic damages have a monetary value and include:

• Medical bills
• Funeral expenses
• Loss of future earning capacity to help with financial support for the family
• Lost wages
• Loss of insurance benefits
• Loss of inheritance

Non-Economic Damages

Sometimes referred to as general damages, non-economic damages do not have a monetary value and include:

• Emotional distress
• Loss of companionship and/or consortium
• Inconvenience

Who Can Sue for Wrongful Death and How Can an Experienced Injury Attorney Help?

Most personal injury claims, including wrongful death suits, are filed against the defendant’s insurance company. If the insurance company is unavailable for whatever reason or the defendant does not have insurance, you should file a lawsuit against the defendant. The personal representative can also file with the decedent’s insurance company if the decedent has the appropriate coverage.

When filing a lawsuit, you can name anyone who had a part in the negligence that caused the death of your loved one. You must consult with an experienced wrongful death attorney as soon as possible after the accident to conduct a comprehensive investigation, including determining who is liable for the death of your loved one.

Your attorney will draft a demand letter to all responsible parties’ insurance companies. Most cases will result in a settlement. When the insurance company refuses to offer a fair and reasonable settlement or your attorney believes you might recover punitive damages, settlement negotiations could turn into litigation.

To succeed at settlement negotiations or litigation, you must be able to prove the defendant’s negligent actions or inactions caused your loved one’s death. A wrongful death law firm like McPartland Law Offices can help you prove the four elements of neglect:

• The defendant had a duty of care to the victim.
• The defendant breached the duty of care.
• The defendant’s actions or inactions caused the death of a loved one.
• You suffered economic losses because of the defendant’s actions or inactions.

Why Clients Choose McPartland Law Offices

When dealing with complex cases, such as wrongful death, you need an experienced attorney to guide you through the process and help you understand your rights. McPartland Law Offices have won over $50 million for victims of various types of personal injuries, including wrongful death.

Testimonials

“My family and I had the opportunity to work with Bryce and his team during a very difficult time in our lives. The service and representation that McPartland Law Offices provided was absolutely exceptional. I was thoroughly impressed by their professionalism, knowledge, and ability to help us understand everything throughout the entire process. To say they left no stone unturned would be an understatement. I will be forever grateful for the compassion and dedication consistently demonstrated by Bryce and his team. I highly recommend McPartland Law Offices.”- Claudia V.

“I highly recommend McPartland Law. Their expertise, dedication, and professionalism were evident throughout my case. Mr. McPartland and Alex provided clear guidance, communicated effectively, and achieved a fantastic outcome. I couldn’t have asked for better representation.”- Rebecca B.

“Bryce McPartland and his staff are an amazing group of professionals. They are from this region and understand the needs of their clients. They have built an amazing network of local and professional resources. Their persistence and tenacity ensure you receive the best representation when you need it most.”- Ceci.

Seek Legal Assistance at McPartland Law Offices

Although the wrongful death of a loved one can cause extreme emotional loss and disturbance, you do not have to face this difficult time alone. Our experienced attorneys are here to help you understand your rights, navigate the legal process, and seek justice for your loved one. Call McPartland Law Offices if you have questions about resolving your case. Our experienced personal injury lawyers will assist you in pursuing the results you desire. Call today for a free consultation at (509) 495-1247.