A wrongful death claim is a legal action brought when someone loses their life because of another’s negligent or intentional actions. Wrongful death claims provide a way for surviving family members or beneficiaries to seek compensation for their losses. Wrongful death cases can address both economic and non-economic damages, such as medical expenses, loss of financial support, and emotional pain.
The purpose of a wrongful death claim is to hold the responsible party accountable and to help bring relief to loved ones coping with the impact of their loss. Financial burdens often follow a loss like this, and a wrongful death claim provides support as families adjust to life without their loved one.
The attorneys at Russell & Hill – Injury & Accident Attorneys in Everett have a long and successful track record in holding responsible parties accountable and helping families receive the compensation they deserve. For compassionate, experienced guidance in filing a claim, call our wrongful death lawyers in our Everett office at 800-529-0842.
Wrongful deaths affect families across Washington State each year. According to the Washington State Department of Transportation (WSDOT) crash data, Everett sees a high number of fatal crashes every year, many of which are caused by negligent or reckless behavior. Statewide, Washington also records a high number of fatal crashes each year, with negligence being a factor in many cases.
After the death of a loved one due to another’s negligence, families may have difficult questions about accountability and what compensation may be available to help with their financial and emotional losses. A wrongful death lawyer can provide guidance through this process, helping families hold responsible parties accountable and find some relief during a challenging time.
In Washington, certain family members are legally permitted to file a wrongful death claim, designated as “statutory beneficiaries.” According to state law (RCW 4.20.010 and RCW 4.20.020), these beneficiaries are typically close relatives who may be directly affected by the loss. Eligible claimants can include immediate family members, dependents, and, in some cases, other relatives with specific qualifying relationships.
In Washington, wrongful death claims are based on a two-tiered system that outlines who can file for compensation. First, close family members like spouses and children have the right to file. If there are no primary beneficiaries, secondary family members, such as parents or siblings, may be eligible to file.
Primary beneficiaries, or first-tier beneficiaries, include the deceased individual’s closest family members:
The surviving spouse or registered domestic partner must have been legally recognized at the time of the individual’s death. If first-tier beneficiaries exist, they hold exclusive rights to pursue a wrongful death claim and benefit from any potential compensation awarded.
If no first-tier beneficiaries are present, the right to file a wrongful death claim extends to second-tier beneficiaries. This group includes surviving parents or siblings of the deceased. However, Washington law requires these second-tier beneficiaries to have been financially dependent on the deceased at the time of their passing. This means that parents or siblings have to demonstrate that they relied on the individual’s support in order to qualify for compensation.
The two-tiered system prioritizes close family members or dependents but also allows certain extended family members to seek relief when specific conditions apply. If you have questions about eligibility in a wrongful death case, an Everett wrongful death lawyer at Russell & Hill – Injury & Accident Attorneys can offer guidance specific to your needs.
Washington wrongful death cases often result in negligence or unsafe conditions. Common causes include:
Each cause influences the approach taken in a wrongful death case, including the types of evidence required to support the claim.
The cause of death significantly impacts the approach to establishing liability and structuring of a case when a wrongful death occurs. Wrongful death lawyers gather specific evidence such as police reports, medical records, safety documentation, and expert testimony. Evidence based on the cause of death helps demonstrate negligence and assess compensation factors, including economic and non-economic losses.
A careful analysis of the cause of death allows attorneys to build a strong case that holds responsible parties accountable and pursues financial relief for their losses.
In Washington, claimants in wrongful death cases may seek several types of damages to address the financial and emotional impact of their loss. The Washington wrongful death statute allows for both economic and non-economic damages, with certain caps and restrictions based on state law.
Certain caps or limitations may apply depending on the type of damages and the circumstances of the case. Our experienced Everett Wrongful death attorneys can help families understand what damages may be available to them and address any restrictions outlined in Washington’s wrongful death statute.
Some families may have the option to file a “survival action” in addition to a wrongful death claim. A survival action allows the deceased person’s estate to pursue compensation for the hardships the individual faced before they passed. A survival action claim covers damages that the deceased could have sought if they had survived.
Through a survival action, the estate can receive compensation for:
In Washington, there is a specific time limit, known as the statute of limitations, for filing a wrongful death claim. Families typically have three years from the date of the individual’s death to file. Failing to file within this timeframe can result in losing the opportunity to pursue a wrongful death claim altogether.
Starting the claims process early allows families the time needed to gather evidence, prepare documents, and meet legal requirements without rushing. Connecting with a wrongful death attorney soon after the loss can help families understand their rights, organize necessary materials, and take the first steps toward seeking justice for their loved one.
The first steps in filing a wrongful death claim include a free consultation with one of our wrongful death attorneys, who will review your case details to determine the best approach for your specific circumstances. Initial tasks may involve collecting medical records, police reports, witness statements, and other documentation to support the claim and form a solid foundation for building a strong case.
Families may also need to obtain records related to any prior health conditions, accident scene photographs, and relevant financial documents, such as proof of income. Having this information early can facilitate the process and help prevent potential delays.
After gathering evidence, the attorney will file the wrongful death claim with the appropriate court. From here, the case may proceed through several phases, such as pre-trial discovery, settlement discussions, and, if a resolution is not reached, litigation. Wrongful death lawsuits can vary in length depending on factors such as the specifics of the case and the availability of witnesses. Washington’s court procedures may introduce unique timelines or requirements, and unexpected delays can occur.
Facing the loss of a loved one can be overwhelming, and having a dedicated and experienced attorney by your side can make a meaningful difference. The wrongful death lawyers at Russell & Hill – Injury & Accident Attorneys in Everett understand Washington’s specific laws and court procedures, which allows them to guide families through a wrongful death case with precision and compassion. Our comprehensive approach includes the following:
Russell & Hill – Injury & Accident Attorneys provides experienced and compassionate advocacy for families pursuing justice in wrongful death cases. With a proven approach that combines thorough case-building and deep understanding of wrongful death claims, we guide families in Everett through each step, working to bring accountability and a sense of closure during this difficult time.
If you’ve lost a loved one due to another’s actions, the wrongful death attorneys at Russell & Hill – Injury & Accident Attorneys in Everett are ready to stand with you. Call us at 800-529-0842 for a free consultation to discuss your case and learn how we can help your family seek justice and compensation.
If your family member died because of someone else’s negligence, you may be able to file a wrongful death lawsuit under Washington state law (RCW 4.20.010). We intend to pursue restitution to the fullest extent possible so that your family can make a full and complete recovery.
My name is Matthew Russell, and I represent families throughout Washington state who have experienced preventable losses due to preventable tragedies, such as car accidents, unsafe workplaces, medical malpractice, or unsafe property conditions. When families come to me for help, they are often in a state of confusion and frustration, due to the fact that insurance companies frequently attempt to diminish the loss that they have sustained, or refuse to accept any liability whatsoever.
Russell & Hill Law Firm has a team of attorneys and investigators who will conduct a thorough investigation to identify any possible source of liability, preserve all relevant evidence, and establish the best possible case for financial restitution for what you have lost.
In a civil lawsuit for wrongful death, if someone dies because someone else caused the death, a civil claim may be pursued. As per Washington State Law (RCW 4.20.010), only family members who are survivors (often spouses, domestic partners, children (or parents)) can pursue the civil claim.
In addition to the legal relationship allowing the wrongful death claim, the wrongful death attorney must also establish:
When searching online for a wrongful death attorney/lawyer, it is important to ask not just “who to file with,” but “how to prove liability and damages.”
A wrongful death attorney does much more than just file the paperwork.
At Russell & Hill Law Firm, we:
Many wrongful death attorney searches will yield firms that handle cases quickly, settling without thorough preparation of the case. We prepare each case as if it is going to trial (in Snohomish County Superior Court) by gathering the necessary documentation in advance, which is important to gain leverage while negotiating with the insurance company.
Washington’s wrongful death statutes specify who has standing to bring a wrongful death claim, including:
An experienced Washington wrongful death attorney will discuss eligibility with you and provide guidance for how to proceed with your wrongful death claim.
This is one of the most common questions: Exactly how much can one expect to receive from a wrongful death claim?
The answer is that a lot depends on the specific case circumstances such as the amount of evidence, income history, age of the deceased, and other situations surrounding the death at issue.
| Case Type | Typical Range (Varies Widely) |
| Fatal auto collision | Hundreds of thousands to several million |
| Medical negligence | Often seven figures |
| Workplace fatality | Depends on third-party liability |
Every wrongful death claim lawyer must calculate damages individually. We never rely on “average wrongful death lawsuit payout” figures, we build economic models specific to your family.
Washington has a law allowing for both economic and non-economic damages to be recovered from wrongful death lawsuits in addition to punitive damages.
Economic damages would include:
Non-economic damages would include:
Wrongful death lawsuits frequently arise from:
According to the Traffic Safety Commission of Washington State (TSWC), there has been a recent increase in fatal motor vehicle accidents in the last couple years with over 800 fatalities statewide. Snohomish County consistently experiences a significantly higher rate of fatalities than historical averages.
The Department of Labor and Industries in Washington State annually records dozens of deaths due to traumatic incidents that happen while employees are working, especially in industrial and construction industries.
Some reasons for preventable deaths are misdiagnosed illnesses, mistakes during surgery, and problems with prescribed medications.
Unsafe property conditions can create situations where someone can be harmed due to slipping or falling, structural failures, or in cases of no security.
People often ask me these 3 questions:
There is no dollar amount for these lawsuits. The total dollar amount you will receive depends on the evidence and financial losses.
A wrongful death attorney will use the following information to calculate your damages:
Using a specific example: If a 40-year-old parent, making 90,000/year unexpectedly, dies, it is reasonable to project their lifetime losses will be in the millions of dollars over their working career.
That’s why there are many searches for “average wrongful death suit payout.” Each case has its own unique characteristics.
This subject is one that many attorneys don’t teach their clients about but is an important one. Washington state recognizes two separate but related actions:
A wrongful death action compensates survivors of the deceased for their losses.
A survival action (RCW 4.20.046) compensates for damages incurred by the deceased prior to death. An experienced wrongful death lawsuit attorney evaluates both.
By a Wrongful Death Attorney at Russell & Hill Law Firm
A family from Snohomish County lost their dad and husband in a high-speed car accident due to an inattentive driver. After the accident happened, the driver’s insurance company quickly accepted partial liability but contested the long-term financial consequences of this accident on the widow and her children. The insurance company came back to the victim’s family with a very low initial settlement offer which excluded decades of income loss, as well as emotional losses experienced by the family.
In order to ensure this client received full and fair compensation, Russell & Hill Law Firm conducted a detailed financial assessment with economic experts to determine the projected lifetime earnings, benefits and retirement contributions of the victim. In addition, the Law Firm hired accident reconstruction experts to solidify liability and to show that the inattentive driver was solely responsible for the fatal collision. In order to maximize leverage in the claim made against the driver’s insurance company, the Russell & Hill Law Firm prepared this case for trial in Snohomish County Superior Court.
The firm obtained a multi-million dollar settlement representing the projected lifetime income loss as well as medical and funeral expenses and significant compensation for the loss of companionship and parental guidance; therefore providing compensation that was far greater than the initial offer made by the driver’s insurance company.
Russell & Hill Law Firm has been serving clients across the state of Washington with high-quality legal representation since 1990. Our experienced wrongful death attorneys recognize that financial recovery cannot bring your loved one back to you, but obtaining financial accountability and stability may assist your family in moving forward. We will work together with you to protect your legal rights as well as to seek full restitution for your past and future damages.
Please call our office at 800-529-0842 to schedule your free consultation with one of our knowledgeable Everett wrongful death attorneys.
Wrongful death occurs when a person dies due to someone else’s negligence, misconduct. Under Washington’s wrongful death statute, you can pursue compensation for your loss through a civil lawsuit by surviving family members on behalf of the deceased party.
The value of a wrongful death case will depend on several factors: the person’s age, and the family relationships, and the strength of the evidence establishing liability.
A wrongful death lawyer investigates the cause of death, gathers expert evidence, calculates damages, negotiates with insurers, and prepares the case for trial if necessary.
Settlement amounts can range anywhere from hundreds of thousands to several million dollars, depending primarily on the financial loss incurred by the surviving family members and the strength of the establishing evidence.
Surviving family members bring wrongful death actions against the individuals or entities responsible for the wrongful death of the deceased party in a civil matter.
Highly recommend this law firm Brandon and Annie are very knowledgeable and treat you like family they had my best interest in mind and made it totally worth it. Thank you Brandon and Annie for everything I will recommend you to everyone.
Settlement
Auto Accident
Settlement
Auto Accident
Settlement
Auto Accident
Settlement
Wrongful Death
Settlement
Auto Accident
Settlement
Slip & Fall
Settlement
Auto Accident
Settlement
Slip & Fall
If you would like more information or would like to talk to us about how we could help you.
Have questions or need personalized legal assistance? Reach out to us at [email protected], and we’ll discuss how we can support you every step of the way.
9212 E Montgomery Ave Suite 401-5, Spokane Valley, WA 99206
(800) 529-0842 Get Directions