Olympia Wrongful Death Attorneys

Several years ago, a wrongful death lawsuit was filed in Olympia after an elderly resident at a local care center, suffering from Parkinsonism and Alzheimer's dementia, died from choking during a Fourth of July celebration due to alleged negligence. Despite his care plan requiring finely cut or pureed food, he was served an unsupervised meal that did not meet his dietary needs, leading to the incident. Staff efforts to save him were unsuccessful. This case highlights the severe consequences of negligence and the complex nature of wrongful death claims. The Olympia wrongful death lawyers at Freeman Law Firm, Inc. have compassionately helped countless families through the wrongful death case process making sure that justice is served and families receive the support they need.

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Overview of Wrongful Death

What is Wrongful Death?

Wrongful death occurs when a person dies due to the legal fault of another person or entity. In Washington State, wrongful death claims are governed by the Revised Code of Washington (RCW) 4.20. These laws allow the deceased person's estate or family members to seek compensation for the losses resulting from the victim’s untimely death.

Types of Incidents Leading to Wrongful Death

Medical Malpractice: When healthcare providers fail to meet the standard of care, resulting in a patient's death. Examples include surgical errors, misdiagnosis, and medication mistakes.
Vehicular Accidents: Fatalities caused by car, truck, motorcycle, or pedestrian accidents often result from reckless driving, drunk driving, or failure
to follow traffic laws.
Workplace Accidents: Deaths occurring on the job due to unsafe working conditions, inadequate training, or equipment failures. This can include construction site accidents, exposure to hazardous materials, and machinery malfunctions.
Defective Products: Fatalities resulting from products that are poorly designed, manufactured, or labeled. Examples include defective automobiles, dangerous pharmaceuticals, and unsafe consumer goods.
Intentional Acts: Deaths caused by deliberate actions such as assault, battery, or other forms of violence.

Each of these incidents can lead to a wrongful death claim, requiring thorough investigation and legal expertise to ensure that the responsible parties are held accountable.

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Key Elements of a Wrongful Death Claim

Eligibility to File a Wrongful Death Claim in Washington

In Washington State, certain individuals are eligible to file a wrongful death claim under RCW 4.20.010 and RCW 4.20.020. Those who can file include:

Personal Representatives: The executor or administrator of the deceased person's estate.
Spouses and Domestic Partners: Legally recognized spouses or registered domestic partners of the deceased.
Children and Stepchildren: Biological and legally adopted children, as well as stepchildren who were financially dependent on the deceased.
Parents: If the deceased person was unmarried and had no children, parents may file a claim.
Siblings and Grandparents: In certain cases where there are no other surviving eligible family members, siblings and grandparents may have the right to file a claim.

Wrongful Death Statute of Limitations

Timeliness is critical in filing a wrongful death claim. According to RCW 4.16.080, there is a three-year statute of limitations from the date of death to file a wrongful death lawsuit in Washington. Failing to file within this period can result in the loss of the right to pursue legal action. Acting within this timeframe, as early as possible, ensures that evidence is preserved, witnesses are available, and the legal process can begin without unnecessary delays.

Securing Justice for Wrongful Death Claims

The Case Process for Wrongful Death Claims in Olympia

Initial Consultation and Case Evaluation

During the first meeting with an Olympia wrongful death lawyer, you can expect a thorough discussion about the circumstances surrounding your loved one's death. This initial consultation serves several purposes:

Understanding Your Case: The attorney will listen to your account of the events, gather basic information, and ask pertinent questions to understand the details of the incident.
Assessing Viability: The attorney will evaluate whether the case meets the criteria for a wrongful death claim. This includes examining the legal grounds for the claim and identifying the potential defendants.
Advising Clients: Based on the initial assessment, the attorney will provide advice on the best course of action, potential challenges, and the legal process ahead. They will also explain the likely timeline and possible outcomes of the case.

Investigation and Evidence Gathering

A successful wrongful death claim requires comprehensive evidence to establish liability and damages. Attorneys play a key role in gathering and presenting this evidence, which may include:

Medical Records: Detailed records from healthcare providers that document the cause of death and any related medical treatment.
Witness Statements: Testimonies from individuals who witnessed the incident or have relevant information about the circumstances leading to the death.
Expert Testimonies: Opinions from experts in fields such as medicine, accident reconstruction, or occupational safety to support the claim.
Police and Accident Reports: Official reports that provide a factual account of the incident, often including findings on fault and causation.

Attorneys ensure that all relevant evidence is collected, organized, and presented effectively to build a strong case.

Filing the Lawsuit

Filing a wrongful death lawsuit involves several steps, each requiring careful attention to detail:

Preparing Legal Documents: Drafting and filing the complaint, which outlines the allegations and the relief sought, in the appropriate court.
Serving the Defendants: Officially notifying the defendants of the lawsuit through proper legal channels.
Managing Deadlines: Ensuring all filings and responses adhere to legal deadlines and procedural rules.

Throughout this process, attorneys provide support by handling paperwork, managing communications, and keeping clients informed.

Negotiation and Settlement

Many wrongful death cases are resolved through settlements rather than going to trial. The negotiation process includes:

Settlement Discussions: Attorneys negotiate with the defendants or their insurance companies to reach a fair settlement that compensates for the losses.
Evaluating Offers: Clients receive guidance on whether to accept a settlement offer or proceed to trial based on the adequacy of the compensation and the strength of the case.
Pros and Cons: Settling out of court can save time and reduce legal expenses, but it may also result in a lower compensation amount compared to a successful trial verdict.

Trial Process

If a settlement cannot be reached, the case proceeds to trial. The trial process involves several stages:

Pre-Trial Preparations: Attorneys prepare by gathering additional evidence, filing pre-trial motions, and developing a trial strategy.
Courtroom Procedures: The trial includes opening statements, witness testimonies, cross-examinations, and closing arguments.
Jury Deliberation and Verdict: The jury reviews the evidence and delivers a verdict on liability and damages.

Throughout the trial, attorneys play a critical role in presenting the case, cross-examining witnesses, and advocating on behalf of the client to ensure a fair trial.

What Our Clients Say About Us

“Freeman Law Firm, Inc. was a lifesaver for us! After a tree crashed through our roof 6 months ago, we were stuck with $14,000 of expenses our insurance company was refusing to cover. We tried negotiating ourselves and even filed a complaint with the Insurance Commissioner with no luck! Less than a week after talking with Spencer and only 24 hours after he first contacted our insurance representative, we had a check in the mail!! He was so quick in helping us and really understood what was needed to resolve our situation. Sometimes, you just need an advocate on your side- and Freeman Law Firm, Inc. is the best choice!”

Amanda C - Yelp
"Spencer Freeman and Kim Shomer at Freeman Law Firm, Inc. are fantastic attorneys to work with. They are extremely knowledgeable and good at what they do. They have heart and passion for people and it shows. I have seen first hand that they have your best interest in mind. I highly recommend them."

T. Bernard - Google
“I was injured and had a complex case, the staff worked hard and fought on my behalf to obtain very reasonable compensation. They all had so much care and compassion for my case and me. They communicated with me and always sought my opinion and preferences throughout the process. While I hope I will never need their services again, I wouldn't hesitate one second to seek their assistance if I ever do.”

R. Adams - Google
“They offered a highly informative and educational seminar on health, recovery from injuries and resources to help improve lives, one person, one claim at a time. I recommend this firm to my patients.”

B. Franklin - Google
“Kim and Spencer are incredible. They care about the health and recovery of their clients. They are amazing lawyers, but they also work hard on getting you connected to the care you need to make a full and speedy recovery. It’s comforting to know your attorney cares about you and your health.”

J. Smith - Google
“I have entrusted Freeman law office with my needs for over the last year. Kim is wonderful and very professional. They made the process very efficient and easy. She and her team really set my mind at ease. They were patient and really listened to me. I would recommend them to anyone!!!"

C. Stone - Google
“I've known Spencer for nearly a decade. Last year I was in two car accidents and I knew I needed to call Spencer. Spencer is a specialist in his field of practice. He knows how to handle everything. Especially, a very needy client, as myself. Spencer and his staff have taken great care of me. Emotionally and physically, finding specialists to facilitate in my care. Thank you all.”

Mike V - Yelp
“I can't say enough about Spencer and Kim. I've had the privilege of working with them and they are incredible people. They truly care about their clients and want to make sure that they are well taken care of. Not only do they expertly deal with the law and insurance issues, but they are incredibly compassionate and want to make sure we get the care we need. That is a rare combination in this industry. I could not recommend this couple or firm more highly."

HR H - Yelp
“Grateful for the support that Freeman Law provided while I went through the healing process from my car accident last March. They kept me informed and were incredibly friendly the entire way! Thanks again :)”

S. Gayle - Google
“This law firm has such compassion for the people they take in and help care for. Very kind and extremely knowledgeable attorneys!"

D. Soderberg - Google
“Very professional, and efficient. You can tell they care about you, you’re not just another case to them. I definitely recommend them.”

K. Israel - Google
“Very professional, Kim and Spencer are great people and amazing Lawyers they absolutely work with you and for you. I can't say enough about them!!"

I. Lincoln - Google

“Freeman Law Firm, Inc. was a lifesaver for us! After a tree crashed through our roof 6 months ago, we were stuck with $14,000 of expenses our insurance company was refusing to cover. We tried negotiating ourselves and even filed a complaint with the Insurance Commissioner with no luck! Less than a week after talking with Spencer and only 24 hours after he first contacted our insurance representative, we had a check in the mail!! He was so quick in helping us and really understood what was needed to resolve our situation. Sometimes, you just need an advocate on your side- and Freeman Law Firm, Inc. is the best choice!”

Amanda C - Lakewood, WA - Yelp.com
“Freeman Law Firm, Inc. was a lifesaver for us! After a tree crashed through our roof 6 months ago, we were stuck with $14,000 of expenses our insurance company was refusing to cover. We tried negotiating ourselves and even filed a complaint with the Insurance Commissioner with no luck! Less than a week after talking with Spencer and only 24 hours after he first contacted our insurance representative, we had a check in the mail!! He was so quick in helping us and really understood what was needed to resolve our situation. Sometimes, you just need an advocate on your side- and Freeman Law Firm, Inc. is the best choice!”

Amanda C - Lakewood, WA - Yelp.com
“Freeman Law Firm, Inc. was a lifesaver for us! After a tree crashed through our roof 6 months ago, we were stuck with $14,000 of expenses our insurance company was refusing to cover. We tried negotiating ourselves and even filed a complaint with the Insurance Commissioner with no luck! Less than a week after talking with Spencer and only 24 hours after he first contacted our insurance representative, we had a check in the mail!! He was so quick in helping us and really understood what was needed to resolve our situation. Sometimes, you just need an advocate on your side- and Freeman Law Firm, Inc. is the best choice!”

Amanda C - Lakewood, WA - Yelp.com

Recoverable Damages in a Wrongful Death Case

Types of Damages

In a wrongful death case, the family or estate of the deceased may seek compensation for various types of damages. These damages are categorized into economic and non-economic damages, each addressing different aspects of the loss.

Economic Damages

Economic damages refer to the quantifiable financial losses resulting from the wrongful death. These damages are intended to compensate the family for the monetary contributions the deceased would have provided if they had lived. Under RCW 4.20.046, economic damages may include such costs as medical and funeral expenses or lost wages:

Medical Expenses: Costs incurred for the medical treatment of the deceased prior to their death. This includes hospital bills, doctor fees, medication costs, and any other related medical bills.
Funeral and Burial Expenses: Costs associated with the funeral service, burial, or cremation of the deceased.
Lost Wages: Compensation for the lost income the deceased would have earned if they had survived. This can include lost future earnings and benefits, such as health insurance and retirement benefits, that the family is now deprived of.

Non-Economic Damages

Non-economic damages address the intangible losses suffered by the family due to the wrongful death. These damages are more subjective and do not have a direct financial value but are nonetheless significant. Non-economic damages may include:

Pain and Suffering: Compensation for the physical pain and emotional suffering experienced by the deceased prior to their death. This can also extend to the emotional distress experienced by the surviving family members due to the loss.
Loss of Companionship: Damages for the loss of love, affection, care, and companionship that the deceased provided to their family members. This encompasses the emotional and relational impact of the loss on close family members, such as spouses, children, and parents.

Both economic and non-economic damages aim to provide a measure of justice and financial relief to the family of the deceased, acknowledging the profound and multifaceted impact of their loss.

Frequently Asked Questions (FAQs)

How long does a wrongful death case take?

The timeline for a wrongful death case varies based on its complexity. Generally, these cases can take several months to a few years to resolve. Factors influencing the duration include the availability of evidence, the need for expert testimonies, the complexity of the legal issues, and whether the case is settled out of court or proceeds to trial. Your attorney can provide a more specific timeline based on the details of your case.

What are the costs involved in pursuing a claim?

Economic and Non-Economic Damages

Many wrongful death attorneys work on a contingency fee basis. This means you do not pay any legal fees upfront. Instead, the attorney receives a percentage of the settlement or judgment amount if the case is won. This arrangement allows families to pursue justice without worrying about the financial burden of legal fees.

What is the likelihood of winning a wrongful death case?

The likelihood of winning a wrongful death case depends on the specifics of the case. Key factors include the strength of the evidence, the circumstances of the death, and the expertise of your attorney. An experienced wrongful death attorney can provide a realistic assessment of your case's strengths and potential challenges during the initial consultation.

Can multiple family members file separate claims?

Usually, a single wrongful death claim is filed by the personal representative of the deceased's estate on behalf of all eligible family members. This unified claim ensures that the interests of all family members are considered and that compensation is distributed fairly according to state laws.

Legal guidance can help you navigate the intricacies of RCW 4.24.010. So, if you are considering bringing a wrongful death claim in Washington for the loss of a child, consult a seasoned Washington personal injury law firm familiar with wrongful death cases. They can help you understand your rights, what to expect at each stage, and how to prepare for a lawsuit. It's important to consult professionals who can guide you through the process of seeking compensation and, ultimately, some form of closure.

Why Choose Freeman Law Firm, Inc.

Experienced Olympia Wrongful Death Attorneys

Freeman Law Firm, Inc. has a proven track record of handling wrongful death cases in Olympia. Our attorneys possess specific experience with Washington State laws, ensuring knowledgeable and effective representation for our clients. This expertise enables us to navigate the complexities of wrongful death claims and secure just outcomes for grieving families.

Client-Centered Approach

Our firm is dedicated to providing personal attention and support for grieving families. We understand the emotional and financial toll that a wrongful death can impose. We maintain transparent communication throughout the legal process, ensuring that our clients are informed and supported every step of the way.

Resources and Network

Freeman Law Firm, Inc. has access to a robust network of professionals, including medical experts, investigators, and other specialists. These network sets us apart in building the strongest possible case and effectively presenting evidence. Our firm’s in-house resources also enable us to handle complex cases efficiently, providing comprehensive legal support to our clients.

Choosing Freeman Law Firm, Inc. means partnering with a dedicated team that prioritizes justice and support for wrongful death victims and their families.

How Does Substitution Work?

If the person who initiated the lawsuit is no longer able to continue, the court may permit a legal representative or a successor in interest to take over. Substitution, in this context, means replacing the original party with someone who has the legal authority to act on their behalf. The court will typically decide who the best fit is to take over the lawsuit, ensuring that the case proceeds in a just manner.

Schedule a Free Consultation

Schedule a no-obligation consultation with an Olympia personal injury lawyer to discuss your case. Freeman Law Firm is committed to providing compassionate and professional legal assistance to help you secure the compensation you deserve.

How to Get in Touch

Phone: (360) 338-6886
Office Address: 400 Union Ave SE #200, Olympia, WA 98501
Online Contact Form: https://freemanlawfirm.org/contact/

Empowering The Injured, Enriching Communities.

Fighting For The People. Giving Back To The Community.

Giving back and supporting our community is important to us. Upon the completion of your case, you will choose a charity to receive a 1% donation made exclusively from Freeman Law Firm, Inc. fees.

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