According to RCW 4.20.010, an individual’s death is wrongful when it has been caused by the negligence, default, or wrongful actions of another. This is a broad categorization and can encompass a range of scenarios, from car accidents to medical malpractice. One of the primary questions our wrongful death lawyers can help answer is whether you have grounds upon which to file a viable wrongful death lawsuit.
Economic damages include anything that has a clear financial loss tied to it, such as lost income the deceased would have earned, medical bills related to the death, and the costs of a funeral and burial.
Noneconomic damages, although harder to quantify, are no less significant. These can cover the emotional pain and suffering endured by the family members, loss of consortium or companionship, and even the loss of guidance and care that the deceased would have provided.
RCW 4.20.010 specifies that the personal representative of the deceased’s estate is the one who has the legal standing to file a wrongful death action. This role typically falls to a close family member or trusted friend and is sometimes determined in the deceased’s will. You and your loved one’s personal representative can work with a trusted personal injury lawyer on our team to navigate your wrongful death case successfully.
Generally, beneficiaries are immediate family members, such as a spouse, domestic partner, children, or in some cases, parents. It is these beneficiaries who will be the recipients of any damages awarded, as the wrongful death victim is no longer in a position to be compensated and compensating their estate broadly could lead to unfair distributions of damages. By compensating those loved ones left behind, a formal acknowledgement is made of their losses and the personal injury suffered by the deceased.
It’s important to note that a wrongful death claim can proceed even if the act causing death isn’t considered a felony. This is significant because it means that the civil case can be entirely separate from any criminal proceedings. In other words, even if criminal charges are not filed, or if the person responsible is found not guilty in a criminal trial, a wrongful death civil case can still go ahead.
No, a wrongful death lawsuit and a survival action are different. While a wrongful death claim seeks compensation for the beneficiaries’ losses, a survival action is filed by the estate to recover damages that the victim could have pursued if they had survived their injuries. Our wrongful death lawyers can explain this distinction in greater detail once you meet with our team.
Understanding RCW 4.20.010 is important in managing a wrongful death claim effectively. While the statute provides the baseline rules, each case is unique, and professional legal advice from a skilled wrongful death attorney is essential for interpreting how these rules apply to your situation.
Washington State law, specifically Revised Code of Washington (RCW) 4.20.020, provides a framework for who is eligible to be a beneficiary in a wrongful death action. According to this statute, the following are deemed beneficiaries of compensation related to a wrongful death victim’s passing:
RCW 4.20.020 stipulates that the trier of fact (commonly a jury) has discretion to award damages as they see fit for a successful wrongful death claim under the particular circumstances of the case. This means that the awarded damages can vary greatly depending on factors like the deceased’s income, the emotional toll on the family, and any loss of companionship or parental guidance. It is survival actions that address the personal injury victim’s suffering. Our wrongful death lawyers can elaborate on this distinction during your risk-free consultation.
Before diving into the specifics of RCW 4.20.046, it’s important to note that the concept of the “survival of actions” is rooted in the common law tradition. In the past, legal actions often died when the individual who had filed them did. However, modern statutes like RCW 4.20.046 allow these actions – including motor vehicle injury claims, medical malpractice claims, etc. – to continue, serving as an important evolution of the justice system.
RCW 4.20.050 addresses how legal actions can continue even if the involved party faces death, marriage, or other disabilities. The following information will help you understand its implications for wrongful death cases.
Revised Code of Washington (RCW) 4.20.060 addresses the survival of personal injury actions when the injured party dies.
RCW 4.20.060 is a statute that’s part of Washington State’s civil procedure laws, specifically addressing the issue of wrongful death. This law ensures that a personal injury claim does not expire simply because the injured party has passed away.
According to RCW 4.20.060, the following individuals may be able to file a wrongful death claim:
The law specifies that the claim must be brought forth by the personal representative of the estate, essentially acting on behalf of the survivors.
Washington Revised Code 4.56.250 (RCW 4.56.250) sets certain restrictions on the amount of noneconomic damages a claimant can recover in cases of personal injury or death. The statute divides damages into two categories:
Yes, the limitation on noneconomic damages is applicable to all claims for personal injury or death. This includes wrongful death claims.
When you’re grappling with the emotional toll of losing a loved one because another acted intentionally or negligently, it can be a confusing and overwhelming time. One of the many challenges you may face is understanding the legal process and your rights under Washington law. That’s where a wrongful death lawyer comes in. Here’s what you should know about the role of a wrongful death lawyer in Washington State.
During the initial consultation, our compassionate attorneys will actively listen to your story, evaluate the facts, and determine whether you have a viable wrongful death claim under Washington State laws. They will consider elements like negligence, causation, and the damages you may be entitled to, like funeral expenses, lost wages, and emotional suffering.
Once your lawyer agrees to take your case, they will begin a thorough investigation. This usually involves collecting evidence, talking to witnesses, and possibly consulting with experts. Under Washington State law, the evidence must establish that the defendant’s negligence or wrongful act led to your loved one’s death. Therefore, strong evidence is crucial for a successful claim.
Washington State has specific laws governing wrongful death claims. These include the statute of limitations, which is a time limit for filing a claim. According to RCW 4.16.080, you typically have three years from the date of death to file a wrongful death lawsuit. A wrongful death lawyer will make sure that all the legal requirements are met so that your claim is valid under Washington law.
Once the investigation is complete and the evidence is collected, your wrongful death lawyer will file the lawsuit on your behalf. They will draft the complaint, serve it to the defendant, and represent you in all court proceedings. This process involves a lot of legal paperwork and strict timelines, which your lawyer will manage meticulously.
Not all wrongful death cases go to trial. Many are resolved through negotiations between the plaintiff and defendant’s attorneys. In Washington State, it is common for both parties to engage in mediation or direct negotiations to reach a settlement. Your wrongful death lawyer will negotiate on your behalf to ensure that you receive fair compensation for your loss.
If a settlement cannot be reached, the case will go to trial. Here, your wrongful death lawyer plays a crucial role in presenting your case, examining witnesses, and arguing on your behalf. They will aim to prove, under Washington law, that the defendant’s wrongful actions or negligence led to your loved one’s death.
Even after a successful verdict, there may be post-trial motions or appeals from the defendant. Your wrongful death lawyer will guide you through these processes and ensure that you receive the awarded compensation. Once the case is concluded, the lawyer will also assist in settling any remaining financial matters like medical bills or funeral expenses.
Losing a loved one is an unimaginable tragedy, especially when it is due to someone else’s negligence. In such times, our wrongful death lawyers will provide caring and invaluable assistance. From conducting investigations to understanding complex Washington State laws, from filing wrongful death lawsuits to negotiating settlements, and from going to trial to securing your compensation— Our Tacoma wrongful death attorneys will play an indispensable role in making sure justice is served.
If you or someone you know has experienced the devastating loss of a loved one due to someone else’s negligence or wrongdoing, act quickly to protect your rights and secure the justice your family deserves. At Freeman Law Firm, Inc., we specialize in bringing cases for wrongful death victims and offer compassionate yet vigorous representation to help you navigate this difficult time. Whether you’re in Tacoma or elsewhere in Washington, you don’t have to go through this challenging experience alone. Reach out to our experienced wrongful death lawyers today at (253) 383-4500 or contact us online to schedule a consultation and learn how we can assist you in obtaining the compensation and closure you rightfully deserve. Don’t wait; justice and peace of mind are only a phone call or click away.
