News
Wrongful Death
- Deadly Motorcycle Accident near Deer Park | WA Wrongful Death Attorney...
Posted on 8/20/2010 - South Seattle Crash Kills 1 | Seattle Injury Lawyer...
Posted on 8/18/2010 - Death Along I-5 While Man Changes Tire...
Posted on 8/5/2010
Library
Wrongful Death
Answers To Your Legal Questions
Q: What is a Survival Action?
A:
What is a Survival Action?
When a person's death is caused by the negligent act of another person, Washington's survival statutes preserve causes of action that the deceased person could have brought had he or she survived. The purpose of awarding damages under the survival statutes is to remedy the old common law anomaly which only allowed accident victims to sue if they survived an accident but barred the claim if they died. This means that a survival action is a claim for injuries and damages that the deceased suffered prior to death, and which the deceased could have pursued had he/she lived.
An example of a survival action would be where the deceased is injured but does not die immediately from those injuries. This time period between the injury and death may be short (a few hours or a few days), or the period may be much longer (a few months or even years). During this period, the deceased may have incurred more medical bills and other expenses, and may also have experienced ongoing physical pain and mental suffering before death. In a case like this, in addition to a wrongful death claim the deceased’s estate may also pursue a survival action to recover these pre-death damages which were proximately caused by the at-fault party’s negligence or wrongful act.
More Legal Questions About Wrongful Death Law?
Do you have more legal questions about injury cases about wrongful death law in Washington state? Return to the Washington Wrongful Death Law questions page. To get more information about Washington state wrongful death law, wrongful death lawsuits, and Seattle wrongful death attorneys visit our wrongful death and fatal accidents information page.
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Phone: 206-727-4000
Fax: 206-727-4001
Toll Free: 1-800-4-Accident
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Bellevue, WA 98004
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Tukwila, WA 98168
Phone: 425-298-3104
Toll Free: 1-800-4-Accident
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Central Washington - Meetings Only
Wenatchee, WA 98801
Phone: 509-731-3104
Toll Free: 1-800-4-Accident
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Mercer Island - Meetings Only
2955 80th Ave SE
Mercer Island, WA 98040
Phone: 425-298-3104
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Offices
Seattle
2101 Fourth Avenue
Suite 630
Seattle, WA 98121
Phone: (206) 727-4000
Fax: 206-727-4001
Bellevue
11061 NE 2nd Street
Suite 250
Bellevue, WA 98004
Phone: 425-298-3104
(Appointment Only)
Renton/Tukwila
14900 Interurban Avenue South
Tukwila, WA 98168
Phone: 425-298-3104
(Appointment Only)
Mercer Island
2955 80th Ave SE
Mercer Island, WA 98040
Phone: 425-298-3104
(Appointment Only)
Central Washington
Wenatchee, WA 98801
Phone: 509-731-3104
(Appointment Only)
Toll Free: 1-800-4-Accident
Videos
Car Accidents:
- Aggressive Insurance Claims Handling - Why You May Need A Seattle Personal Injury Lawyer
- Myth #3 - Myths about car accident and personal injury claims in Washington State
- 10 Biggest Mistakes That Can Wreck Your Washington Accident Case - Seattle Car Accident Lawyer
- Allstate Insurance Company Delays Paying Medical Bills | Bellevue Lawyer
- Interview with Chris Davis | Seattle Serious Car Accident Attorney
- Car accident 3D animation | Renton Personal Injury Attorney
- Computer Animation of Car Crash | Renton Accident Attorney
- Parents and car seat safety | Bellevue Child Injury Lawyer
- What should you do if you have been in a car accident in Seattle or Bellevue?
- Seattle Serious Car Accident Attorney | Renton Lawyer
Motorcycle Accidents:
- What it the main cause of death in motorcycle accidents in Washington state?
- Seattle Motorcycle Accident Lawyer
Insurance Coverage Disputes & Bad Faith Claims:
Head Injuries & Brain Damage:
- Traumatic Brain Injury in Children
- Living With Traumatic Brain Injury | Brain Injury Lawyer | Davis Law Group
- Traumatic Brain Injury | Car Accidents | Injury Trial Lawyer | Seattle Attorney
- Facts | Traumatic Brain Injury | Injury Trial Lawyer |Washington Accident Attorney
- Seattle Traumatic Brain Injury (TBI) Lawyer
- Brain Injury Treatment Overview
- Post-traumatic Stress Disorder and Traumatic Brain Injury: Current Issues
- Seattle Traumatic Brain Injury Lawyer
Back & Spinal Cord Injuries:
- Degenerative Disc Cage Fusion Surgery
- Medical Animation, Lumbar Interbody Fusion
- LUMBAR LAMINECTOMY
- Spinal Decompression
- Laminectomy animation
- Neck Pain: Cervical Spine & Disc Anatomy
- Anterior Cervical Fusion
- Back Surgery for Disc Herniation | Car Accident Injury
- Minimally Invasive Spine Surgery for Herniated Lumbar Discs
- Minimally Invasive Spine Surgery
Medical Malpractice, Surgery Errors & Hospital Injuries:
- Who can file a medical malpractice claim?
- What is medical malpractice?
- What do I have to prove in my medical malpractice case?
- What damages can I recover through a medical malpractice lawsuit in Washington state?
- How common is medical malpractice in Seattle hospitals?
- Seattle Children's Admits To Medical Malpractice
Dog Bites & Animal Attacks:
- Why do some dogs bite? | Washington State Dog Attack Law
- Which dogs most commonly bite? | King County Washington Dog Bite Law
- If I'm bitten by a dog in Washington state, who should I contact regarding the incident?
- If I'm bitten by a dog in Washington state, do I have the right to seek compensation?
- How do if my dog does not bite someone?
- Dog Bite Prevention Demonstration | Dog Bite Lawyer
- What should you do if you are attacked by a dog?
Wrongful Death:
- Seattle Children's Hospital Admits Medical Mistake | Seattle Wrongful Death Attorney
- $4 Million Settlement in Wrongful Death Case - Seattle Attorney Chris Davis on KOMO4
- Accidental Death of Natasha Richardson - CNN Interview of Seattle Attorney Chris Davis
- Understanding Washington Wrongful Death Law | Seattle Lawyer
- What is a wrongful death case worth? | Seattle Wrongful Death Attorney
- Wrongful Death Cases In Washington State | Seattle Wrongful Death Attorney
Drunk Driving (DUI) Collisions:
Injuries to Minors & Children:
- Would my injured child have to bring a lawsuit on their own?
- Will my child be traumatized if we bring a lawsuit for their injuries?
- How soon must we bring a lawsuit on behalf of my child in WA state?
- Children's Hospital In Seattle Makes Medication Error That Kills 15 Year Old Boy
- Accidental Death of a Child l Seattle Wrongful Death Lawyer
- Is your child's car seat installed properly? | Seattle Child Injury Attorney
- Kids And Car Accidents: Car Seat Hidden Dangers | Seattle Child Injury Lawyer
General:
- Seattle Attorney Chris Davis Fighting For The Underdog
- Mischelle Davis talks about client relations
- Chris Davis talks about what separates his practice
- How much does it cost to hire an attorney?
- Chris Davis talks about why he wrote the book 'Ten Biggest Mistakes...'
- Testimonial Video
- Chris Davis provides advice for hiring a great lawyer
- Ten Biggest Mistakes That Can Wreck Your Washington Accident Case
- Little Kids, Big Accidents
- About The Davis Law Group
FAQs
Car Accidents
- Should I accept the insurance adjustor's offer for a quick settlement for the property damage portion of my car accident claim?
- Should I accept the insurance adjuster's offer for a quick settlement for the property damage portion of my car accident claim?
- DON’T make THIS MISTAKE after your CAR ACCIDENT!
- Should I call the police after an auto accident?
- Should I call an ambulance after an auto accident?
- How long will it take to settle my injury accident claim?
- How long do I have to file a claim or lawsuit in my accident case?
- What can I get (how much money) for my car accident injuries?
- What is an MVA?
- Why Do Insurance Companies Deny Some PIP Medical Claims?
Motorcycle Accidents
- The insurance company wants me to sign a medical authorization before they will work on my accident claim and make me a settlement offer. Should I sign the insurance company's medical authorization?
- Should I allow my vehicle to be repaired by the body shop that the insurance adjuster picks?
- Should I allow my vehicle to be repaired by the body shop that the insurance adjuster picks?
- Why do I need to enlist the help of an experienced motorcycle accident lawyer?
- What if I am involved in a motorcycle accident that was not my fault?
- What it the main cause of death in motorcycle accidents?
- How many people are injured or killed in the United States in motorcycle accidents?
- What are the traffic statistics on motorcycle accidents?
Motor Vehicle Accidents
- How much is my injury accident case worth?How much is my injury accident case worth?
- What information should I give the insurance company after an accident?
- Should I take photos of the vehicles after an auto accident?
- What if I’m at fault for causing an auto accident?
- Injured in Washington State, but don’t live there – MISTAKES TO AVOID
- Injured in Washington State, but don’t live there? What should I do?
- MISTAKES to AVOID after your AUTO ACCIDENT in Washington State.
- What should I do right after an auto accident?
- What is the “Statute of Limitations” in my injury accident case?
- Why doesn't the person that caused my car accident (the at fault driver) or their insurance company have to pay my medical bills now? Why do I have to pay my own medical bills? Who has to pay my medical bills after an accident?
Pedestrian, Crosswalk, Bicycle Accidents
- What are my responsibilities as a pedestrian? What if I am involved in a pedestrian accident?
- Can a pedestrian accident victim still make a claim when crossing the street without a crosswalk?
- What sorts of damages should a settlement for a pedestrian or crosswalk accident cover?
- Is there a rule about walking in a crosswalk with a flashing red hand and the seconds ticking down?
- In Washington state do bicyclists have to follow the same rules of the road as car drivers?
- Aren't bicyclists subject to the same rules of the road as the rest of us in our cars? I have seen bicyclists driving and/or weaving between cars stopped on the road due to a red traffic light or a traffic backup. And I have sometimes I seen bicyclists dart through intersections on a red light, often without stopping first to check for oncoming traffic.
- I understand that bikers are supposed to (for the most part) remain in the far right hand lane. What are some exceptions to this rule? Can bicycles go into the left hand lane when wanting to take a left hand turn?
- Can bicycles be legally driven on the sidewalk in Seattle? In Washington state?
- Are bicycle riders allowed to ride two abreast in Seattle? In Washington state?
- Is there a bicycle helmet law in Seattle, King County or Washington State?
Wrongful Death
- The insurance company sent a representative to a family member's funeral after a fatal accident. Is this normal?
- Does Washington State have a vehicular homicide law?
- A relative was killed in an accident in the King County / Seattle-area. I live outside of Washington State and need to try to manage a legal action from where I live. What should I do? What kind of lawyer do I need to find?
- Is the contingency fee different in a wrongful death case?
- What can/may a wrongful death attorney do for me and my fatal accident case?
- What is the 'Principal-Agent Relationship'?
- What role does the employer-employee relationship play in a wrongful death case?
- How does a wrongful death insurance claim work?
- How do I file a claim in a wrongful death case?
- What is a Survival Action?
Drunk Driving (DUI) Collisions
- I frequently hear about and see drunk driving accidents and deaths on the news. Is it really that big of an issue or is it just something the media likes to talk about?
- What is the average for sentence time for a Vehicular Homicide plea bargain in Washington?
- Who is at fault in a drunk driving accident?
- How do I apply for benefits from the Crime Victims Compensation fund after I have been in a drunk driving accident that was caused by someone else?
- Can I sue a drunk driver for my accident injuries even if I got benefits from the Crime Victims Compensation fund?
- Do victims of a drunk driving accident qualify for assistance from the Crime Victims Compensation fund?
- What is a dram shop claim?
Injuries to Minors & Children
- What is the likelihood of going to court in a child injury case?
- My child has recently suffered a Traumatic Brain Injury, what are the future implications?
- How is child negligence established in child injury cases?
- For children especially, why is it so difficult to diagnose Traumatic Brain Injury?
- My newborn baby suffered some injuries during birth, do I have a Medical Malpractice case?
- My child suffered nearly drowned but was saved. Should we still go see a doctor?
- How soon must we bring a lawsuit on behalf of our child?
- What if my child was partially at fault for causing their injury or death -- can I still sue?
- Would my child have to bring a lawsuit himself/herself?
- Will my child be traumatized if we bring a lawsuit for their injuries?
Bus, Shuttle, Taxi & Mass Transit Accidents
- Do mass transit accident victims have to file a class action suit or all use the same attorney?
- What should I do if I've been injured while using mass transit in Western Washington?
- Who may be liable for mass transit accidents?
- What are the common types of mass transit accidents?
- Who is at fault for accidents involving city, county, school, or other buses?
Insurance Coverage Disputes & Bad Faith Claims
- Can I Sue USAA Insurance?
- Can I Sue PEMCO Insurance?
- Can I Sue GEICO Insurance?
- Can I Sue Nationwide Insurance?
- Can I Sue American Family Insurance?
- Can I Sue Liberty Mutual Insurance?
- Can I Sue My Insurance Company?
- Can I Sue My Insurance Company?
- Can I Sue My Insurance Company?
- Can I Sue My Insurance Company?
Boating & Personal Watercraft Accidents
- What "rules of the water" do I need to observe while boating?
- Where can I find Washington’s Boating Laws?
- Can I get arrested if I operate a boat while intoxicated?
- What is a BUI? (boating under the influence or boating while intoxicated)
Head Injuries & Brain Damage
- Is establishing proof in a Traumatic Brain Injury case difficult to do?
- Are minor head injuries worth being concerned about when it comes to Traumatic Brain Injury?
- Do I specifically need a brain injury lawyer for a brain injury case?
- Are there specific symptoms of TBI?
- If I have one or more of those symptoms, does that mean that I have a Traumatic Brain Injury?
- What personal injury damages can I seek for my brain injury claim?
- Do I need to hire a personal injury attorney for my traumatic brain injury case?
- What are some traumatic brain injury statistics?
- Is there any treatment for traumatic brain injury?
- What are some of the consequences of brain injury?
Back & Spinal Cord Injuries
- My spinal specialist said I need a fusion. Is that true?
- Under what conditions is a lumbar spinal fusion recommended?
- What is a lumbar fusion?
- What is the mortality rate of people with Spinal Cord Injuries?
- Does everyone who sustains Spinal Cord Injuries use a wheelchair?
- Do people with Spinal Cord Injuries ever get better?<
- Is there a cure for spinal cord injuries?
- How many people have Spinal Cord Injuries? Who are they?
- What are the effects of Spinal Cord Injuries?
- What is the spinal cord and the vertebra?
Medical Malpractice, Surgery Errors & Hospital Injuries
- What should I do if I feel I might have a medical malpractice case?
- What damages can I recover through a medical malpractice lawsuit?
- What do I have to prove in my medical malpractice case?
- Who can be sued for medical malpractice?
- Who can file a medical malpractice claim?
- How common is medical malpractice?
- What are some examples of medical malpractice?
- What is medical malpractice?
Dog Bites & Animal Attacks
- I own multiple properties and recently a tennant's dog bit someone on my property. Am I liable for those injuries?
- What's a dog owner to do? How do I make sure my dog does not bite someone?
- How can my family and I avoid being bitten?
- What is the most common dog bite?
- What is leash law? Does it apply in Washington State?
- If I'm bitten by a dog do I have the right to seek compensation for my injuries?
- If I'm bitten by a dog, who should I contact regarding the incident?
- How can local laws prevent dog bites?
- Which dogs most commonly bite? Are some breeds more likely to bite than others?
- Why do some dogs bite?
General
- The insurance company wants to tape record my description of the accident and my injuries. Should I give a recorded statement? Should I allow the insurance adjuster to tape record my conversation?
- What kind of evidence is important for my accident claim?
- The insurance company is telling me that I "don't need a lawyer". In fact, the insurance adjustor says "don't get an attorney"!! What should I do? Do I need a lawyer?
- The insurance company sent an adjuster and another representative to the hospital after the accident. They wanted to make a recorded statement. Is that okay? Should they do that?
- Do I need to calculate the exact amount of my future medical needs when negotiating a settlement?
- What is the definition of 'pain and suffering'?
- What does 'loss of enjoyment of life' mean in a personal injury legal case?
- Can I be financially compensated (reimbursed) for lost work and/or lost wages after being injured in an accident?
- What is tort? What is tort law?
- What are non-economic damages?
