When a loved one dies, the complexities of a wrongful death action against the at-fault party can be overwhelming. Let the team of experienced, knowledgeable wrongful death attorneys at Walthew Law Firm put their experience to work for you. We’ll guide you through the complex legal maze of a wrongful death claim and help secure maximum compensation for this devastating loss.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit that’s filed when a loved one dies because of another party’s negligence. It may compensate certain surviving family members for their losses caused by a loved one’s death, such as:
- Medical bills
- Loss of financial support
- Loss of companionship, care, and guidance
What About Survival Actions?
A survival action is a separate claim that may be filed alongside a wrongful death claim. While a wrongful death claim addresses the losses the surviving family members have suffered, a survival action addresses what the deceased person experienced before they died, and may recover compensation for:
- Medical bills
- Funeral bills
- Lost income and benefits
- Future financial losses
- Pain and suffering experienced before death
What If My Loved One Was Partially at Fault?
Washington is a pure comparative fault state, meaning even if your loved one is partially responsible for what happened, you can still file a wrongful death claim. Any compensation is reduced by their percentage of fault. So, if they were 30% at fault, you would recover 70% of the total damages.
What Situations Qualify for a Wrongful Death Case?
Wrongful death claims are civil actions, meaning it doesn’t matter if the at-fault party is charged with a crime or found guilty of one. You only need to demonstrate that someone else’s negligent, reckless, or intentional action caused your loved one’s death.
Common situations that lead to a wrongful death claim include:
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Who Can Sue for Wrongful Death?
In Washington State, the deceased’s personal representative, sometimes called the executor, is the only person who can file a wrongful death claim, and they are only allowed to file the claim on behalf of certain family members:
- Spouses, domestic partners, and children (including stepchildren). This group has the primary right to file a wrongful death action.
- Parents and siblings. If there is no spouse, domestic partner, children, or stepchildren, the personal representative may file the wrongful death claim on behalf of the deceased’s parents and siblings.
What Kind of Damages Can Be Recovered in a Wrongful Death Claim?
Washington law allows recovery of two types of losses in a wrongful death claim: economic and non-economic damages.
Economic damages cover the value of what the person would have provided, including:
- Support, income, or other benefits (such as money, goods, or services) the person provided during life
- Support, income, or other benefits the person likely would have provided in the future
Non-economic damages address the loss of the relationship, including:
- Loss of love, care, companionship, and guidance
- For a spouse or registered domestic partner, the loss of the marital or domestic relationship, including emotional support, affection, care, services, and companionship
Why Hire Walthew Law Firm for Your Wrongful Death Claim?
Wrongful death claims are legally complex and emotionally exhausting. Insurance companies will often work quickly to investigate what happened and shift blame onto your loved one, reducing or even eliminating what the at-fault party has to pay. Having an experienced, knowledgeable wrongful death attorney on your side means someone is protecting your family’s interests while you focus on grieving.
For over 90 years, the wrongful death attorneys at Walthew Law Firm have advocated for survivors’ families in Seattle and throughout Western Washington. With vast legal experience and an understanding of wrongful death actions, we always put the rights and well-being of our clients first. No matter your situation, our team will provide you with the personalized legal advice and strategy you need throughout your wrongful death lawsuit.
Our Seattle wrongful death attorneys will:
- Conduct a free, comprehensive, and confidential case consultation to review your options
- Answer all of your questions to ensure you understand every option
- Gather the critical medical records, accident reports, and other evidence that support your wrongful death action
- Represent every family member throughout negotiations with the insurance company and take your wrongful death lawsuit to trial when necessary
Contact Walthew Law Firm Today
Our entire team takes a detail-oriented approach to every wrongful death claim we take on and is on your side every step of the way, defending your rights and pursuing the maximum compensation you’re entitled to for the death of your loved one.
Contact Walthew Law Firm today for your free, confidential, and no-obligation case review. With offices in Seattle and Everett, we’re here for residents of Western Washington. There’s no fee unless we win.
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