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, PLLC 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 425-212-9165.
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, PLLC 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, PLLC 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, PLLC 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, PLLC in Everett are ready to stand with you. Call us at 425-212-9165 for a free consultation to discuss your case and learn how we can help your family seek justice and compensation.
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