Spokane Valley Wrongful Death Lawyer

When You Might Have a Wrongful Death Claim

Certain events may lead to a wrongful death claim:

• Vehicle Crashes: Fatal accidents can happen because of reckless driving or distraction. The driver, an employer (if a work vehicle is involved), or others may be responsible.
• Medical Errors: Health care providers are expected to deliver safe and accurate care. When a medical error results in a patient’s death, families may file a wrongful death claim. Common mistakes include surgical errors, improper treatments, misdiagnoses, or medication issues. Medical cases often require a detailed review of records and expert testimony to show how the error caused the patient’s death.
• Workplace Incidents: High-risk jobs like construction and manufacturing need strong safety measures. When employers don’t meet these standards, fatal accidents can happen. If a workplace accident was preventable and due to poor safety or faulty equipment, a wrongful death claim might be appropriate.
• Defective Products: Products like vehicles, electronics, or machinery sometimes have hidden defects that lead to fatal injuries. When a design flaw, manufacturing mistake, or missing warning is to blame, families may hold the manufacturer or seller accountable. Cases involving defective products often rely on technical documentation and expert analysis.

Each type of case has its own standards for proving fault and gathering evidence. At Russell & Hill, PLLC, our wrongful death lawyers look at the specifics of each claim and collect the evidence needed to show how another party’s actions or negligence led to a preventable death.

Who Can Be Sued for Wrongful Death?

A wrongful death claim can involve different people or groups, depending on what happened. Those who might be held responsible include:

• Individuals: This could be someone directly involved, like a driver in a fatal car accident who acted recklessly.
• Companies: If a company’s actions or lack of safety measures contributed to the death—such as dangerous machinery or unsafe work conditions—the company itself could be liable.
• Government Entities: Sometimes, a wrongful death involves a government agency. For example, if poor maintenance on public property leads to a fatal accident, the agency responsible might be named in the claim. There are special rules for suing government entities, and the timeline to file may be shorter.
• Employees and Employers: If an employee causes a fatal incident while on the job, the employer might share responsibility, especially if their policies or oversight played a role.

Determining who should be held accountable is a key part of building a wrongful death case. At Russell & Hill, PLLC, we carefully examine each situation to identify who may be legally responsible.

Proving a Wrongful Death Claim

To succeed in a wrongful death claim, certain legal elements must be shown. These are the main components:

• Duty of Care: The person or entity had a responsibility to act in a way that would avoid causing harm. For example, drivers have a duty to follow traffic laws, and doctors have a duty to provide safe medical care.
• Breach of Duty: This means the responsible party failed to meet their duty. A driver might breach their duty by texting behind the wheel, or an employer might fail to provide a safe work environment.
• Causation: It must be clear that the breach of duty directly led to the person’s death. Evidence has to show that the negligent actions were the primary cause of the fatal outcome.
• Damages: Finally, there must be measurable losses. This includes both financial costs like medical bills and lost income, as well as personal losses the family faces.

Each element plays a role in building a compelling case. Russell & Hill, PLLC examines these factors in every wrongful death claim to establish the strongest possible grounds for seeking compensation.

 

Steps in the Wrongful Death Claim Process

Filing a wrongful death claim requires several key steps to build a strong case.

1. Initial Consultation and Case Review

The first step is a consultation to review the facts of the case. During this meeting, our wrongful death attorneys listen to your story, review any initial documents like medical records or accident reports, and assess whether there’s a basis for a wrongful death claim. This consultation helps clarify what evidence may be needed and sets the stage for further investigation.

2. Filing the Wrongful Death Claim

When there’s a solid basis for the case, we take the next step and file a wrongful death claim. This document spells out the details of what happened, identifies who’s responsible, and lists the damages we’re pursuing on behalf of the family. Filing the claim sets the legal process in motion, notifying the court and all involved parties that we’re seeking compensation.

3. Evidence Gathering and Discovery

After filing, we start examining all details. This stage, called discovery, is all about gathering what we need—medical records, accident reports, statements from people who saw what happened. We may bring in specialists who can give sworn statements. A doctor, for instance, might explain how a treatment went wrong, or an accident expert might walk through what led up to the crash.

4. Settlement Negotiation or Trial Preparation

Most wrongful death cases end in a settlement, with both sides agreeing on a compensation amount so the case doesn’t go to trial. Settlements are usually faster and avoid the unpredictability of court. But if the sides can’t reach a fair agreement, the case may go to trial, where a judge or jury will review the evidence and decide.

Every case moves at its own pace. Some wrap up in a few months, while others, especially those with more complex evidence or uncooperative insurers, can take over a year. Russell & Hill, PLLC handles each step, seeing families through the entire process.

Compensation Available in Wrongful Death Cases

Families may be able to recover both financial costs and compensation for personal losses after a wrongful death.

• Economic Damages: These damages cover immediate expenses, like medical bills and funeral costs, along with wages lost due to the death. In many cases, economic damages also include the future earnings that would have supported the family.
• Non-Economic Damages: These address the personal loss a family faces, including the loss of companionship, guidance, and emotional support.

Washington law allows families to seek non-economic damages that reflect the unique impact of their loved one’s loss. Calculating these damages considers the deceased’s role in the family and the effects of their absence over time.

Who Can Receive Compensation?

Washington State law designates specific beneficiaries, organized into two tiers, who are eligible to file a wrongful death claim and receive compensation:

• First Tier: The primary beneficiaries include the spouse, registered domestic partner, and children of the deceased. These individuals have the first right to file a claim and receive any compensation awarded.
• Second Tier: If there is no surviving spouse, partner, or child, the right to file passes to the second tier, which includes the deceased’s parents and siblings. This group may only file if there are no living first-tier beneficiaries.

Survival Actions in Wrongful Death Cases

Along with a wrongful death claim, some families may also have the option to file a “survival action.” While wrongful death claims focus on the family’s losses, a survival action covers what the deceased went through before they passed. This action allows the estate to seek damages for things like medical costs, pain and suffering, and lost wages that the person could have claimed if they had lived.

Survival actions are often filed alongside wrongful death claims, addressing both the family’s losses and the hardships the person experienced. Russell & Hill, PLLC can advise families on whether a survival action is available in their case.

Common Challenges in Wrongful Death Cases

Families can run into a few challenges with wrongful death claims:

• Negotiating with Insurers: Insurance companies sometimes try to cut payouts, which can make families feel pushed into settling for less. Our Spokane Valley wrongful death attorneys can step in to counter these tactics and seek the maximum compensation.
• Establishing Liability: Showing that someone else’s actions led to a wrongful death requires solid evidence. This can mean gathering accident reports, medical records, witness statements, or expert testimony. Collecting and organizing this information takes effort, especially if the other side denies responsibility.

Russell & Hill, PLLC handles these challenges by building strong cases, dealing with insurers, and bringing in experts when needed. Our goal is to make this process as smooth as possible for families dealing with loss.

Statute of Limitations for Wrongful Death Claims in Washington

In Washington, families generally have three years from the date of their loved one’s death to file a wrongful death claim. This deadline, known as the statute of limitations, is strict. Missing it can mean losing the chance to seek compensation.

Acting sooner rather than later also helps preserve evidence and gather reliable witness statements, which can be critical to the case. Russell & Hill, PLLC guides families through each step so that their claim is filed on time and all necessary information is in place.

Choosing a Wrongful Death Attorney in Spokane Valley

Choosing a wrongful death attorney involves considering experience, local knowledge, and a history of effective representation. An attorney with experience in Washington wrongful death law can provide insight into the specific standards required in these cases. Additionally, familiarity with Spokane Valley courts and insurers can improve the likelihood of a favorable outcome.

Russell & Hill, PLLC brings significant experience in wrongful death cases, representing families across Spokane Valley and Washington. Our team manages all legal aspects of the case, providing families with professional and comprehensive support through each stage of the process.

Frequently Asked Questions About Wrongful Death Claims in Spokane Valley

Who Can File a Wrongful Death Claim in Washington?

Only certain family members are eligible to file a wrongful death claim in Washington. This typically includes spouses, children, and, in some cases, parents of the deceased. Eligibility can vary depending on family relationships and specific circumstances.

What Types of Compensation Are Available?

Families may recover both economic and non-economic damages. Economic damages cover costs like medical bills, funeral expenses, and lost income. Non-economic damages address the personal impact of the loss, such as the loss of companionship and emotional support.

How Long Does a Wrongful Death Case Usually Take?

The timeline for a wrongful death case can vary. Some cases settle in a few months, while others, especially those involving complex evidence or multiple defendants, may take over a year. Russell & Hill, PLLC will keep you updated throughout the process.

What Happens if the Case Goes to Trial?

If the case doesn’t settle, it may go to trial, where a judge or jury will decide the outcome. At trial, evidence will be presented, and witnesses may testify. Our wrongful death attorneys will prepare thoroughly to present a strong case on your behalf.

Will I Need to Go to Court?

Many wrongful death cases settle out of court, so families often don’t need to attend a trial. However, if a trial becomes necessary, Russell & Hill, PLLC will guide you through every step and prepare you for any required court appearances.

Getting Started with Russell & Hill, PLLC

For Spokane Valley families facing the preventable loss of a loved one, Russell & Hill, PLLC provides experienced and compassionate representation to seek accountability and support. In a free, no-obligation consultation, our Spokane Valley wrongful death lawyers review your case, answer your questions, and explain the next steps, helping you understand your options without pressure. While a wrongful death claim cannot undo the loss, it can provide much-needed financial support and a sense of justice. We’re here to guide you through each step and fight for the full compensation you deserve. Call our Spokane Valley office at (509) 350-4452 or reach out through our contact form to begin the conversation.