Everett Wrongful Death Lawyer | Russell & Hill Law Firm

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.

The Frequency of Wrongful Death Cases in Everett and Washington State

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.

 Eligibility for Wrongful Death Claims in Washington

Who Can File a Wrongful Death Claim?

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.

The Washington State Beneficiary System for Wrongful Death Claims

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.

First-Tier Beneficiaries

Primary beneficiaries, or first-tier beneficiaries, include the deceased individual’s closest family members:

  • Spouse
  • Registered domestic partner
  • Children

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.

Second-Tier Beneficiaries

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.

Common Causes of Wrongful Death in Washington State

Washington wrongful death cases often result in negligence or unsafe conditions. Common causes include:

  • Motor vehicle accidents
  • Workplace incidents in high-risk industries like construction, logging, and manufacturing
  • Medical malpractice, including surgical errors and misdiagnoses
  • Fatal product defects, such as malfunctioning machinery or unsafe medications
  • Pedestrian and bicycle accidents involving negligent drivers
  • Premises liability accidents, such as falls on unsafe property
  • Dangerous dog attacks
  • Maritime and boating accidents

Each cause influences the approach taken in a wrongful death case, including the types of evidence required to support the claim.

Importance of Cause of Death in Case Building

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.

Damages Recoverable in a Washington Wrongful Death Claim

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.

  • Economic Damages
    Economic damages compensate for measurable financial losses related to the death, such as medical expenses incurred before death, and lost income or financial support. Economic damages help families cover the immediate and long-term financial consequences of their loss.
  • Non-Economic Damages
    Non-economic damages address losses that do not have a set monetary value, such as pain and suffering, emotional distress, and the loss of companionship. Non-economic damages aim to provide financial acknowledgment for the emotional impact the death has on the family.
  • Funeral and Burial Costs
    Funeral and burial expenses can be significant, and Washington law allows families to seek compensation for these costs as part of a wrongful death lawsuit. End-of-life expenses may include burial fees, memorial services, and other related costs.

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.

Survival Actions

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:

  • Medical expenses related to the final injury or illness
  • Pain and suffering endured by the deceased before passing
  • Lost wages the deceased would have earned had they survived

Statute of Limitations for Wrongful Death Claims in Washington

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.

Washington Wrongful Death Claim Process

Initial Steps in Filing a Wrongful Death Claim

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.

Legal Procedures and Timelines

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.

How Russell & Hill’s Wrongful Death Attorneys in Everett Can Help

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:

  • Comprehensive Case Assessment: We carefully review every detail surrounding your loved one’s passing to identify the strongest path forward and ensure every aspect of the claim is fully considered.
  • Detailed Evidence Gathering: We collect essential documents, such as medical records, police reports, and witness accounts, to build a case that truly reflects the depth of your family’s loss.
  • Seamless Filing and Documentation: From completing paperwork to meeting every requirement of Washington’s wrongful death statute, we handle each legal detail to keep your case moving forward smoothly.
  • Shielding You from Insurance Companies: We take on all communication with insurers to protect you from lowball offers and aggressive tactics. We review policies, calculate damages, and negotiate to pursue the full compensation needed to cover financial impacts like medical expenses and lost income.
  • Strategic Settlement Negotiation: We work tirelessly to secure a settlement that recognizes both the financial loss and the emotional toll of your loved one’s absence.
  • Strong Court Representation: If litigation becomes necessary, Russell & Hill – Injury & Accident Attorneys’s Everett wrongful death lawyers will stand by your family at every stage, protecting your rights and interests in court.

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.

Get Trusted Help After the Loss of a Loved One

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.

Key Highlights

  • If a loved one died as a result of another person’s negligence, you can hire an Everett wrongful death lawyer to seek monetary restitution for your family under Washington State law.
  • Russell & Hill Law Firm represents families in wrongful death claims throughout Snohomish County.
  • We do in-depth investigations to build our case, work with experts, and seek comprehensive financial restitution for both your economic and emotional suffering.
  • Possible compensation can include lost earnings over the course of a lifetime, funeral costs, medical expenses, and loss of companionship.
  • There is no attorney fee unless we obtain financial recovery on your behalf.

If Your Loved One Died Due to Negligence in Washington, You May Have a Wrongful Death Claim

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.

What Is a Wrongful Death Lawsuit in Washington?

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:

  1.  The death was truly due to someone’s negligent actions or wrongful conduct.
  2. Surviving family members have experienced damage from the death of their loved one.

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.”

What Does a Wrongful Death Lawyer Do?

A wrongful death attorney does much more than just file the paperwork.

At Russell & Hill Law Firm, we:

  • Conduct our own independent investigation.
  • Obtain and/or retain experts in the medical and accident reconstruction fields.
  • Gather necessary employment and income records.
  • Calculate the financial loss to survivors over the deceased’s lifetime.
  • Negotiate on behalf and for the survivors with insurance companies.
  • If it is needed, prepare the case for trial.

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.

Who Can File a Wrongful Death Claim in Washington?

Washington’s wrongful death statutes specify who has standing to bring a wrongful death claim, including:

  • Survivor (spouse or partner) or child.
  • Parents of deceased (depending on circumstances).

An experienced Washington wrongful death attorney will discuss eligibility with you and provide guidance for how to proceed with your wrongful death claim.

How Much Is a Wrongful Death Lawsuit Worth?

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. 

Factors That Influence Case Value

  • Age of the Deceased
  • Earnings Potential
  • Medical Expenses Prior to Death
  • Funerals/ Burial Costs
  • Loss of Companionship
  • Mental Suffering
  • Degree of Kindness or Fault in Causing the Death 

General Settlement Value Ranges (National Context Only)

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.

What Damages Are Available in a Washington Wrongful Death Lawsuit?

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:

  • Future lost wages
  • Loss of work-related benefits and retirement funds
  • Money spent for medical care prior to death
  • Money spent for funeral and burial

Non-economic damages would include:

  • Loss of companionship
  • Mental pain and suffering
  • Loss of parental guidance to children

What Types of Accidents Lead to Wrongful Death Cases in Everett?

Wrongful death lawsuits frequently arise from:

Fatal Motor Vehicle Collisions

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.

Workplace Fatalities

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.

Medical Negligence

Some reasons for preventable deaths are misdiagnosed illnesses, mistakes during surgery, and problems with prescribed medications. 

Dangerous Property Conditions

Unsafe property conditions can create situations where someone can be harmed due to slipping or falling, structural failures, or in cases of no security.

How Much Is a Wrongful Death Lawsuit Worth?

People often ask me these 3 questions:

  • What is the value of a wrongful death suit? 
  • What will my wrongful death case settle for? 
  • How much do you get paid on average for a wrongful death suit? 

There is no dollar amount for these lawsuits. The total dollar amount you will receive depends on the evidence and financial losses. 

How Are Wrongful Death Damages Calculated?

A wrongful death attorney will use the following information to calculate your damages:

  • A projection of future earnings.
  • Retirement and benefit contributions by the deceased.
  • Information regarding life expectancy.
  • Tax adjusted income analysis.
  • Economic modeling performed by an expert. 

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. 

What Is the Difference Between a Wrongful Death Claim and a Survival Action?

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: 

Wrongful Death Claim

 A wrongful death action compensates survivors of the deceased for their losses.

Survival Action (RCW 4.20.046)

 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.

Case Study: Fatal Auto Collision Recovery in Snohomish County

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.

Result

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.

Speak With an Everett Wrongful Death Lawyer Today

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.

Frequently Asked Questions 

What does wrongful death mean?

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.

How much is a wrongful death lawsuit worth?

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.

What does a wrongful death lawyer do?

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.

How much do wrongful death cases settle for?

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. 

What is a wrongful death lawsuit?

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.

R
Date published: 2024-04-17
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