When working with the skilled attorneys of Russell & Hill, PLLC, you can rest comfortably in the knowledge that your best interest will always be at the front of our priorities. We work diligently in handling your case, keeping you informed, and relieving you of absolutely all the work in the process that we possibly can, all the while remaining empathetic to the emotional nature of your situation.
While the accident is being investigated, it is strongly encouraged to work with a professional who possesses an understanding of legal representation in a situation of wrongful death. There is priceless value in having a skilled attorney at your defense to represent your loved one throughout the legal process following the filing of a wrongful death personal injury claim.
What is a Wrongful Death Claim?
Wrongful death claims can be filed against any party that is deemed as responsible or liable for a person’s death. Immediate family or relatives of the deceased can file a claim against the responsible party in the accident, as a form of a civil action.
What Happens When You File a Wrongful Death Claim?
If your loved one’s death was the consequence of the negligence of another party, the at-fault party is required by law to monetarily compensate the deceased person’s family. This compensation is intended to cover all of the deceased’s family’s expenses that have resulted as a loss of life.
When filing a wrongful death personal injury claim for the ‘pecuniary’ (or financial injury) that was a result of another person’s death, we contact the at-fault party in order to demand compensation for the family of the deceased. These pecuniary damages may include but are not limited to compensation for pain and suffering, loss of one’s enjoyment in life, medical bills or expenses, loss of future earnings, punitive damages, or funeral and burial expenses. In some cases non-economic damages that were incurred may be awarded in the case as well.
If you work with a wrongful death attorney, they will be able to assist you in creating a persuasive, substantiated claim and hold the at-fault party accountable for all their actions, all the while obtaining the compensation that you are owed. As a team, you and your attorney will be able to pursue justice for the wrongful loss of life.
Who Can Claim Damages as a Beneficiary?
In the state of Washington, there exists a statue for general wrongful death which governs the actions taken by a deceased individual’s relatives or surviving family. The statutory beneficiaries (or the surviving relatives) are seeking just compensation for their loved one’s death in the same methods that a person would have been able to had they survived the incident instead.
First Tier Beneficiaries
For beneficiaries in the state of Washington who are looking to be compensated after a wrongful death, there is a ‘two-tiered’ system. The first of these tiers includes strictly the immediate family members of the deceased, their registered spouse, domestic partner, and/or children. In this situation, the domestic partner will need to be legally recognized as such, and the spouse must be legally married upon the individual’s death.
Second Tier Beneficiaries
In certain cases, there are no first-tier beneficiaries, which changes the rights of compensation over to those in the second-tier. This second-tier encompasses surviving siblings or parents. In order for the second-tier individuals to be qualified for compensation, they will have to have been financially dependent upon the individual when their accident took place.
In the event that the individual had no surviving relatives, no children, was single, and was not providing any financial support to family members at the time of their death, then there will be nobody eligible for compensation in the death of the person.
If both first-tier and second-tier beneficiaries exist, the first-tier beneficiaries will be the only party eligible for compensation from the estate of the deceased individual.
We wish to help you in receiving the compensation that you are due for your loved one’s death. With a heavy background in wrongful death cases, our experienced attorneys are more than capable of helping to guide you through this strenuous legal situation. To get more information on how a personal injury attorney may be able to assist you in the filing and settling of a wrongful death claim, don’t hesitate to give us a call. Our initial, no-obligation consultations are entirely free, click here to schedule one today.
Losing a loved one is an extremely devastating loss to all parties involved. This news can become even more tragic when it comes to light that the death was a result of an accident or negligence of another person. By far, wrongful death is the most difficult personal injury case to take on due to all of the emotions raveled up in it—there are no words to describe the loss of a loved one, especially if there is evidence that the death could have been all out avoided.
When you are the survivor, it is reasonable that you would wish to take action in order to get justice and accountability for the tragedy. So what sort of action can you take when you want to make the movement to exact justice?
