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Dealing with the loss of a loved one devastates your family and leaves you reeling. Unfortunately, amid that challenging time, you do not just have to manage your emotions and the challenges associated with them. You may also end up with considerable financial difficulties as you manage the funeral and medical expenses, and lose the income and solutions they provided for your family. Compensation is often due on behalf of your loved one for pre-death pain and suffering. If someone else’s dangerous choices or negligent actions caused your loved one’s death, a Washington wrongful death lawyer can help you file a claim to seek justice and recover financial compensation. Call Boren Law now and speak with our personal injury attorney today.
In order to establish the family’s right to file a claim, a Washington wrongful death lawyer will look at the party who committed an act of negligence that led to the death of a loved one. Legally, negligence includes any action that fails to take the reasonable safety precautions that another person would take in the same situation. This can include things like:
The bar for negligence in wrongful death claims is similar to the one in personal injury cases. If the deceased could have filed an injury claim if they had survived the accident, then the family likely has the right to file a wrongful death claim.
Typically, the closest family member to the deceased has the right to file a wrongful death claim: their spouse, if they have one; their children, if any; or their parents, if neither spouse nor children exist. Often, the family can only file one wrongful death claim for the loss of a loved one, even when multiple people have the same right to file a claim.
The state’s statute of limitations for wrongful death claims is often three years from the date of death. However, there is a discovery phase for situations where the family did not realize the death involved negligence until later. In that case, the statute begins to run on the day they discovered the negligence. Furthermore, the statute of limitations can be as short as six months when a governmental actor is involved, so it is important to act swiftly to preserve any rights.
Determining the damages the injured party can claim in a wrongful death case can prove essential to a successful claim. Wrongful death claims aim to compensate families for the losses they sustained because of the loss of a loved one, including:
Working with a wrongful death lawyer can prove essential during the claim process in Washington, since a lawyer can lay out all the damages the family can include. (In some instances, the pre-death pain and suffering of the loved one can be claimed as well in a related survival action.) A lawyer can also review relevant insurance policies to make sure that the family takes full advantage of all the coverage that exists.
Losing a loved one will be challenging enough under any circumstances. When the death is due to someone else’s negligence, the claims process can feel even more daunting during an already-emotional time. A Washington wrongful death lawyer can guide you through the next steps and help you get the compensation you deserve—all on a contingency fee basis, which means you do not pay attorney’s fees unless we successfully secure a judgment or settlement. Contact Boren Law today to discuss your case in a free consultation.