The job of an insurance adjuster is to minimize the impact of injuries caused by a dangerous construction site or defective product. Our job is to maximize your lawful compensation based on the extent of your injuries and the short- and long-term effects.
In general, a wrongful death claim is one in which it is alleged that a person died as a result of another’s negligence. The deceased person’s surviving relatives, dependents or beneficiaries may bring suit against the responsible party or parties, seeking monetary damages for their losses. These may include medical bills, funeral expenses, lost wages and loss of companionship. Each state has its own wrongful death laws and not every state follows the same guidelines, principles or rules. A personal injury attorney from The Walthew Law Firm in Seattle, WA, can advise you on whether you have a valid wrongful death claim and help you pursue that claim against those responsible.
Wrongful death laws vary from state to state
Some states have “true” wrongful death acts in which the deceased person’s survivors or next of kin are entitled to bring a cause of action for their damages resulting from a family member’s death. Other states have acts that are more properly called “survival actions.” In general, survival actions are brought on behalf of the deceased person for the deceased person’s pain, suffering and other damages resulting from the injuries that caused his or her death.
The individuals who are entitled to bring a wrongful death claim also varies by jurisdiction. Generally, the “primary beneficiaries” of the person who has died are eligible to bring a claim. Depending on the state, most often the spouse, children and parents are considered primary beneficiaries. If the deceased person is not survived by one of these primary beneficiaries, most states won’t allow a wrongful death claim. A long-term, unmarried partner, for example, generally wouldn’t be able to file a wrongful death suit.
In many jurisdictions, it is not necessary that the defendant’s conduct be the sole cause of death. Even when the defendant’s negligence contributes only in part or in tandem with other circumstances to a person’s death, liability may still attach.