If your loved one’s death was caused by the wrongful act, neglect, or default of another person, Washington law considers that a wrongful death and provides legal recourse for aggrieved family members. The compassionate Federal Way wrongful death attorneys from Sears Injury Law have over 20 years of legal experience holding negligent parties accountable for the harm they’ve caused and have successfully recovered over $250 million on behalf of their clients. Schedule your free consultation with a knowledgeable Federal Way personal injury attorney to discuss your legal options today. Call us at (253) 785-3131 to get started.
What Is a Wrongful Death Lawsuit?
Washington law allows certain family members to recover compensation following a wrongful death. The personal representative of the decedent’s estate files this legal claim on their behalf. This is usually the executor named in the will or the closest living relative to the decedent. You must be able to prove that the named defendant caused your loved one’s death through their actions or inaction.
Common Examples of Wrongful Death Claims in Washington
Wrongful death claims can arise out of actions involving intentional behavior, neglect, or default that result in death. Some examples of when the family may have the right to pursue a wrongful death claim include:
- A driver kills someone in a car accident or a truck accident
- A property owner fails to maintain their property, leading to a deadly fall
- A dog owner’s dog mauls and kills the victim
- A negligent pilot causes a fatal plane crash
- A drunk driver causes a deadly crash
What Compensation Can Families Recover in a Wrongful Death Case?
Families who have lost their loved one to a wrongful death in Washington may be entitled to compensation for both economic and non-economic losses, including:
- Funeral and burial expenses
- Medical bills that their loved one may have incurred for life-saving treatment they had received prior to dying
- Lost income and benefits that the deceased would have otherwise provided
- Loss of companionship and emotional support
- Pain and suffering
These damages aim to ease the financial and emotional burden caused by a loved one’s untimely death and hold the responsible party accountable.
What Do I Have to Prove to Win a Federal Way Wrongful Death Case?
Most wrongful death claims in Washington are based on the legal theory of negligence, which requires showing the following:
The Defendant Owed Your Loved One a Duty of Care
The defendant must have owed your loved one some legal duty of care. For example, motorists must obey traffic laws to avoid crashes. Property owners must maintain their properties to prevent foreseeable injuries. Medical providers must provide medical care consistent with the standard of care.
The Defendant Violated the Duty of Care
Next, you must prove what the defendant did wrong or failed to do that caused your loved one’s death. For example, they may have driven drunk, failed to correct a known issue with the property, or deviated from the standard of care.
The Defendant Caused Your Loved One’s Death
You must show that the defendant’s violation of the duty of care is what actually and legally caused your loved one’s death. In other words, the death wouldn’t have occurred absent the defendant’s actions or inactions.
You Suffered Damages as a Result of the Accident
Finally, you must prove how you were affected as a result of the accident, such as having to pay for an unexpected funeral or the loss of love and affection you experienced.
Contact a Federal Way Wrongful Death Attorney for Legal Representation and Guidance
If you’re considering filing a wrongful death action, reach out to the experienced legal team at Sears Injury Law for unwavering legal guidance and support. Our wrongful death attorneys in Federal Way can discuss your legal rights and options during a free case review. Contact us today at (253) 785-3131.