- If You're Injured
- What to Do
- - Automobile Accident
- - Injured on the Job
- - Major Personal Injuries
- - Whiplash Injuries
- - Wrongful Death
- What an Attorney Can Mean to Your Case
- When & How to Choose a Personal Injury Attorney
- Are Your Injuries Covered?
- Working with an Attorney
- What is the Claim Process Like?
- How to Handle Your Medical Needs
- What to Expect If There Is a Lawsuit
Auto Accident and Personal Injury Law Washington
What to do…if there is a wrongful death
If your loved one is killed in an accident or dies as a result of injuries he or she sustained, you may have cause for a “wrongful death” claim. A wrongful death claim arises when an individual is killed due to the negligence or misconduct of another person, company or entity. You can file wrongful death personal injury lawsuits on your loved one's behalf to recover damages for the loss of the deceased person’s love, affection, companionship, and emotional support as well as financial and economic support, services, medical bills, funeral and other expenses.
A claim for wrongful death needs to be brought by the personal representative of the deceased person’s estate. This wrongful death claim is made on behalf of the statutory beneficiaries, which commonly include surviving spouses, children, and other immediate family members that can include parents. Minors, children under the age of 18, will need an adult guardian to take a wrongful death lawsuit to court.
You should know that every wrongful death lawsuit is subject to a statute of limitations, which basically limits the amount of time you have to initiate a lawsuit. Generally, family members are allowed between one and three years (depending on the state) from the time of death to file a claim. If they fail to observe the statute of limitations, their claims may be barred forever. There are exceptions. For example, if the death was originally deemed an accident rather than the result of someone else's negligence or malice, the statute of limitations will be adjusted so that it takes effect when the true cause was discovered rather than at the time of death.
What are some typical wrongful death claims?
A potential wrongful death case could include any of the following:
- A negligent or careless act, such as a speeding or drunk driver.
- An auto or truck accident where the accident was caused by a defective vehicle.
- A company’s negligence in the enforcement of safety regulations or the use of faulty vehicles.
Can I file both a personal injury and a wrongful death claim?
In addition to damages for wrongful death, you may be able to recover damages for personal injury to the decedent. These claims are called “survival actions”. The personal representative may be able to bring such an action in addition to the wrongful death claim. The survival action is for the decedent’s conscious pain and suffering, apprehension, and duration of the pain and suffering before death. Damages for a survival action belong to the decedent’s estate.
Whether you want to file a wrongful death claim or a personal injury claim on behalf of your deceased loved one, consult with a personal injury attorney who can guide you through the claims process. The highly qualified wrongful death attorneys at Hardwick & Pendergast law firm will provide you with a FREE consultation, at no obligation to you. Contact us about your injury or call toll free at 1-888-228-3860.
What damages can be recovered in a wrongful death claim?
You may be able to recover the following damages in a wrongful death case:
- Immediate expenses associated with the death, including medical and funeral costs.
- Loss of victim's wages and anticipated earnings in the future until time of retirement or death.
- Loss of benefits caused by the victim's death, including pension or retirement plans, medical coverage, and other savings.
- Loss of love, affection, companionship and emotional support to the survivors.
How do I file a wrongful death or personal injury claim?
You should contact a personal injury lawyer and gather the following information:
- Medical Expenses: Document all medical costs related to the injury that caused your loved one’s death, including all hospital expenses.
- Funeral Expenses: Document all funeral and related expenses.
- Lost Wages and Anticipated Earnings: You will need to demonstrate the deceased's established earnings history and anticipated future earnings potential.
- Lost Benefits: Detailed documentation of pension plans, medical coverages and the like.
- Pain and Suffering: Detail how the loss of your loved one has led to a loss of support and companionship for you and your family members.
| Call if you have been injured in Washington state, including in these cities: | |||||
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