Wrongful Death Lawyer, Lawsuits and Settlements in Washington
Losing a loved one due to accidental or wrongful deathis a devastating experience. When a family member’s life is suddenly cut short as a result of the carelessness or negligence of another, the grief and feelings of loss can be overwhelming. If this has happened in your family, you may be going through a complex array of emotions, including sadness, denial, anger, and hopelessness. No one is ever prepared for such a tragic event. When tragedy strikes you may need the assistance of a wrongful death attorney.
When the spouse, parent, sibling or other relative of a wrongful death victim contacts our office we see their pain and know this is an emotionally challenging time. There are many questions:
Why wasn’t something done to prevent our loved one’s death?
How can we survive emotionally and financially after this tragedy?
How will we pay the medical bills and funeral costs?
Get the answers you need. Contact wrongful death lawyer Chris Davis at 206-727-4000 for a free consultation. Chris is has a great deal of experience and expertise in the area of wrongful death law.
Interview: KIRO TV Interview of Chris Davis, Seattle Wrongful Death Attorney
Washington State Wrongful Death Law - Free Information for Family Members
Recognizing the Value of Family in Fatal Accidents
In most wrongful death cases, the estate and certain surviving family members will have a claim for damages. The estate is typically allowed to claim damages for the decedent’s lost earnings, medical expenses, funeral expenses, and conscious “pain and suffering” experienced by the decedent before death. Certain surviving family members may also have individual claims for damages as a result of the decedent’s death, including loss of consortium (i.e., destruction of the relationship) and emotional distress.
An accidental death, unintentional death, or wrongful death claim may arise when a person dies as a result of the negligent, careless, intentional or reckless acts of another person or entity (including a corporation or governmental agency). The death could occur because of a car accident, medical malpractice, an on-the-job injury, nursing home abuse or neglect, or from any other careless conduct.
Many people are surprised to learn that Washington wrongful death law only allows certain family members to recover for a wrongful death of a loved one. In most fatal accident cases, recovery is limited to a surviving spouse and children. In some death cases the decedent’s surviving siblings and parents may also have separate claims if they are financially dependent on the decedent at the time of death.
A wrongful death or survival action is one of the more complex types of cases in the field of personal injury law. These cases require a thorough knowledge and understanding of Washington’s complex wrongful death and survival laws and the numerous appellate decisions that interpret and define them. These cases almost always involve complex legal issues or questions where the outcomes are heavily, if not completely, influenced by the individual facts of the case. In most cases, a wrongful death action requires urgent investigation and preparation to increase the chances of a favorable outcome. Furthermore, this type of case often requires a substantial outlay of financial resources (many times exceeding six figures) to hire appropriate experts, properly prepare and successfully present the case either to an insurance company or a jury.
Law Firm Representing Families Touched By Wrongful Death - Free Consultations
Was your loved on fatal injured in Washington state? Want to know if you have a wrongful death claim? Want to know what your wrongful death case is worth? Want compensation for your loss? Want justice for the loss of your loved one? Want to make sure the same thing doesn’t happen to someone else? Call 206-727-4000 to schedule a free legal consultation.
Get the legal aid that you need. Call attorney Chris Davis at Davis Law Group. The call is free. The advice may be priceless. Call 206-727-4000 for a FREE, no obligationwrongful death consultation. There is no obligation to hire a lawyer. We are usually retained on a contingency fee basis. There is no fee until our Seattle wrongful death attorneys successfully recover fair compensation for you.
Wrongful Death Lawyers in the State of Washington
We can help whether you live in Auburn, Bellevue, Bellingham, Bremerton, Cascade, Edmonds, Everett, Federal Way, Kennewick, Kent, Kirkland, Lakewood, Longview, Olympia, Redmond, Renton, Richland, Seattle, Shoreline, Spokane, Tacoma, Vancouver, Yakima or the greater Seattle area. Having substantial experience with wrongful death claims and often trying these kinds of cases in court, the Davis Law Group has the skill, expertise and Seattle wrongful death attorneys necessary to help you.
5 Dead, 2 Injured in Anacortes Oil Refinery Blast 5 people were killed and 2 were injured as a result of an oil refinery explosion on Friday April 2, at 12:30 am. Maintenance crews were working the get the bank of boilers ready to resume operation when the blast occurred.
Wrongful Death Suit Against a Governmental Entity in Washington State Sometimes a wrongful death claim may exist against a governmental entity, like a town or city, municipality, county, or the state. It may not be immediately apparent that the defendant is a governmental entity (e.g., a transit or utility company) but it is very important to understand that many jurisdictions, including the state of Washington, have specific pre-filing laws for when a claim or lawsuit may be brought against a governmental entity.
Wrongful Death Lawsuit: The Discovery Process After the wrongful death lawsuit is filed and the defendant is properly and timely served, both sides participate in a process of exchanging information about the case. This process is known as discovery. There are many different forms of discovery, or different ways to request or obtain information from the other side in a case. In Washington state, the rules governing the discovery process are quite broad and allow each side to investigate what evidence and witnesses may be introduced at trial. Even if the requested information does not appear directly relevant to the case, it may still be a proper request if it may lead to the discovery of relevant information.
Wrongful Death Expert Witnesses After a wrongful death case has been filed in court, it will often require the assistance of expert testimony to help the attorney prove one or more elements of the action. Since wrongful death cases can involve many different issues that are often complex and difficult to prove, an experienced wrongful death attorney will usually want to engage the assistance of one or more experts early on in the case.
Alternative Dispute Resolution or Mediation in Wrongful Death Cases Depending on the jurisdiction and the complexity of a wrongful death case, the discovery phase in litigation may take many months or sometimes even years. When discovery is finally completed, and each side generally knows what evidence will likely be offered at trial, the parties may then begin to conduct settlement discussions.
Preparing for a Wrongful Death Trial If the case does not settle after discovery and ADR or mediation has failed, then the case may proceed to trial. Each side has the option of trying the case before a judge or jury. Depending on the jurisdiction, a jury trial may not happen automatically.
Washington State Wrongful Death Law: Civil vs. Criminal Responsibility A person who causes a wrongful death in Washington State may be criminally responsible. For this to occur, the wrongdoer’s conduct must be worse than ordinary negligence. Usually, the wrongdoer must act intentionally or recklessly to be guilty of a crime. If criminal liability exists, the wrongdoer is punished with jail time and/or fines.
Wrongful Death Action Brought by Personal Representative To bring a wrongful death case, a person called a “Personal Representative” (PR) must first be appointed by the court on behalf of the deceased person’s estate. The PR is the only person who can file and prosecute a wrongful death action. A separate document (called a petition) must be filed in court which asks the judge to specifically appoint the PR. Oftentimes, the PR may also be a wrongful death beneficiary, like a surviving spouse or adult child. If the court accepts the person designated as the PR, then an order is entered giving that person all of the rights and obligations that come with this position.
Children as Wrongful Death Beneficiaries If the deceased has minor children, then they are considered beneficiaries of the estate and a wrongful death action is pursued on behalf of the children. When minor children are involved, they will have a claim for expected contributions that the deceased parent would have made to them until age 18 – the age of majority in Washington state.
How Wrongful Death Claims Are Evaluated Statistically, more than 95% of all wrongful death claims are settled prior to trial, either during the claims process or during litigation before the trial. A fair and reasonable settlement may be successfully negotiated if your claim is properly documented, presented, and argued to the insurance adjustor.
The Wrongful Death Settlement Demand Package By providing a comprehensive and persuasive settlement demand package, you are helping the insurance adjustor build his or her file so that the company can justify paying out a large settlement. Providing a comprehensive and persuasive settlement demand package gives the insurance company a number of reasons for settling the claim immediately and fairly rather than going to court. Keep in mind that an experienced attorney knows how the present the package in an appropriate way so that the information increases the change of a favorable settlement. A “do it yourself” approach to this step could provide the insurance company with information that can help THEIR case.
Washington’s Law on the Wrongful Death of a Child Washington State authorizes a parent to recover damages for the loss of a minor child, as long as the parent has regularly contributed to the support of the child. The requirement that a parent must regularly contribute to the support of the child has been a recent change to the law. This change was made to prevent a parent (oftentimes, the father) who never or rarely supported the child during the child’s lifetime from profiting financially from the child’s death.
The Eight Factors Which Determine The Value Of A Wrongful Death Case In reading through the different factors that may affect the expected outcome of your case, you may be disheartened. You may not agree with the factors or wonder why something entirely outside of a family’s control has any relevance at all in a wrongful death case. I understand how you feel and most people who suffer the loss of a family member feel the same way. Unfortunately, we can't change these factors or the law itself. But I can tell you that my goal is to educate Washington citizens about the factors which may influence the value of a wrongful death case.
The Specific Damages Recoverable in a Washington Wrongful Death Case Washington law states that only certain types of damages may be recoverable in a wrongful death case. The deceased’s estate may recover damages. Certain designated beneficiaries of the estate (e.g., a surviving spouse or child, or a sibling or parent financially dependent on the deceased) may also recover damages. Generally, the damages are divided into two categories: economic and non-economic. Economic damages usually refer to those damages that are easier to calculate, like lost earnings, medical expenses, and other forms of compensatory damages. Non-economic damages usually refer to the subjective losses, like pain, suffering, grief, mental anguish, and the loss of the relationship with the deceased.
2101 Fourth Avenue, Suite 630 Seattle, WA 98121 Phone: (206) 727-4000 Fax: (206) 727-4001
Connect with us or read reviews at any of the social media sites:
The Seattle, Washington personal injury law firm of Davis Law Group serves clients across Washington state Puget Sound area. We give you straight facts about your legal options. We have handled cases from Seattle to Spokane, Vancouver to Bellingham, and everywhere in between, such as: Arlington, Auburn, Bothell, Bremerton, Edmonds, Everett, Federal Way, Issaquah, Kent, Kirkland, Lacey, Lynnwood, Marysville, Medina, Olympia, Port Orchard, Redmond, Renton, Shelton, Snohomish, Tacoma, Tukwila, and Woodinville. We handle cases in King County, Pierce County, Snohomish County, Skagit County, Douglas County, Kittitas County, Yakima County, Kitsap County and Island County.