Losing a loved one is a difficult experience. When your loved one dies because of another party’s negligence or wrongdoing, the anguish can be overwhelming.
If your loved one died because of someone else’s fault, you may have the right to bring a wrongful death claim.
At Wells Trumbull, we understand that no amount of money can fully compensate you for losing someone dear to you. However, we also know that you deserve justice, and financial compensation can help ease some of the burdens caused by your loved one’s death.
Our Lake Stevens personal injury attorneys have been representing wrongful death clients for decades. We handle every case with compassion and integrity.
Call us today at (360) 322-1477 or go to our contact page now to schedule a free consultation. We will listen to your story with compassion, answer your questions, explain your rights, and help you take the next steps to get the justice and compensation you deserve.
When Is a Death a Wrongful Death In Lake Stevens, Washington?
A wrongful death claim is a category of personal injury law in Washington. Although all sudden deaths feel wrong to loved ones left behind, not every death qualifies for a wrongful death case. If the circumstances of the death were such that the decedent could have filed a personal injury claim had they survived the injury, then the representative of their estate may file a wrongful death claim on behalf of the surviving family members.
Common causes of wrongful death claims in Washington include the following:
- Car accidents
- Truck accidents
- Pedestrian and bicycle accidents
- Premises liability cases, such as apartment fires, pool drownings, and balcony collapses
- Medical malpractice
- Nursing home neglect and abuse
- Workplace fatalities
- Defective products
- Acts of violence
A wrongful death claim is independent of any criminal charges in the case, and the outcome does not depend on a guilty verdict. While the criminal justice system focuses on punishing the wrongdoer, tort claims in civil court focus on compensating victims.
When a loved one’s death could have been prevented with reasonable care on someone else’s part, but the at-fault party acted with carelessness, recklessness, or intentional wrongdoing—all examples of legal negligence—then the family has a valid wrongful death claim.
What If My Loved One Died Without Naming a Personal Representative to File a Lake Stevens Wrongful Death Claim?
Some states allow a decedent’s closest surviving family member, like a spouse, parent, or child, to file a wrongful death claim directly. In other states, including Washington, the court requires a personal representative to file the claim. If a decedent doesn’t have a will or estate plan with a named personal representative, then the court will appoint one to represent the family. Often, this is a close family member who petitions the court to act as a representative. Then, the state’s intestacy laws, under RCW 11.04.015, govern the distribution of the recovered compensation.
In most cases, compensation in wrongful death claims comes from the at-fault party’s insurance, such as auto insurance after a fatal car accident or malpractice insurance after a medical malpractice death.
Understanding Wrongful Death in Washington
A wrongful death is the loss of life caused by the neglect, wrongful act, or default of another party. A wrongful death suit is similar to a personal injury suit. However, it seeks to recover the damages sustained by the deceased person’s family members.
The wrongful death suit is brought by the decedent’s personal representative against the party that caused the death for the economic and non-economic damages sustained by the decedent’s beneficiaries.
Washington law designates the spouse, state-registered domestic partner, child, or children, including stepchildren, as the beneficiaries in a wrongful death suit. If there is no spouse, registered partner, or child, then the parents or siblings become the beneficiaries in a wrongful death action.
Statute of Limitations for a Lake Stevens Wrongful Death Suit
A statute of limitations sets the deadline for when a claim must be filed. You will most likely be barred from receiving any compensation if you miss your deadline.
Washington’s statute of limitations for wrongful death claims is three years from the date of the deceased person’s death. However, there are a few exceptions to the three-year rule. You must speak with an experienced wrongful death lawyer to understand your deadline for filing.
When Will a Court Consider Extending the Deadline for a Lake Stevens Wrongful Death Claim?
The court will toss out a wrongful death case if the claimant files a petition more than three years after the date of the death. For this reason, insurance companies, which are often the payors in wrongful death claims, also follow the statute of limitations for personal injury and wrongful death cases.
The statute of limitations helps ensure that evidence remains available and eyewitness testimony is still reliable during the settlement process or in court.
Only under specific circumstances will the court extend, or toll, the statute of limitations. For instance, in a medical malpractice wrongful death case, it could be some time before the family discovers the malpractice. It’s similar for some criminal violence deaths. The court may delay the start of the two-year time clock until the defendant is identified or apprehended. In cases of delayed discovery, the statute of limitations begins on the date of the discovery, or when it should reasonably have been discovered.
Types of Compensation in Washington Wrongful Death Claims
When you lose a loved one in a preventable accident, you may suffer economic and non-economic damages. With the help of an experienced Lake Stevens wrongful death attorney, you can prove the full extent of your damages and recover the maximum compensation.
Some of the types of damages you may be entitled to receive include:
- Funeral and burial expenses
- Medical bills if the decedent had any surgeries, treatments, or procedures necessitated by the accident before their death
- Loss of financial support and services that the decedent would have provided had they survived
- Loss of consortium
- Loss of Companionship
These are only some of the possible types of damages you could recover. Please note that the types of compensation available can be slightly different for spouses or domestic partners than for children and parents.
Contact a Lake Stevens Wrongful Death Attorney
If you have lost a loved one due to the fault of another party, you may be able to recover compensation for your damages.
The wrongful death lawyers in Lake Stevens at Wells Trumbull have decades of experience helping wrongful death clients get the justice and maximum compensation they deserve. We want to do the same for you.
Call us at (360) 322-1477 or visit our contact page now to schedule a free consultation.