Losing a loved one always feels deeply wrong to those left behind, but when the death was preventable and caused by someone else’s careless, reckless, or wrongful action, it’s a wrongful death under Washington’s civil laws. In Washington, the closest surviving family member may recover compensation for the economic damages associated with the death and additional compensation for their emotional grief and anguish through a Washington wrongful death claim with the help of a Arlington wrongful death attorney. The deceased’s personal representative or the executor of their estate must file the claim on behalf of the surviving family member.
Insurance Companies Have Motive for Strong Defenses In Washington Wrongful Death Claims
Most wrongful death claims in Washington are filed against a negligent defendant’s insurance company. Unfortunately, insurers prioritize their company’s profits over paying out fairly on large claims, including in wrongful death cases. Instead, they often mount common defenses to deny or undervalue the claim. These defenses are described below.
The Deceased Loved One Was At Fault for Their Own Death
The most common defense used to deny a defendant’s liability in a wrongful death case is the claim that the decedent was the one responsible for their death. For instance, if the death resulted from a car accident, the negligent party’s insurance adjuster may claim that the decedent was the one who caused the accident or that they were responsible for the fatal injury because they didn’t wear a seatbelt. Under Washington Code Section 46.61.688, a decedent’s failure to wear a seatbelt does not protect a negligent driver from liability. Still, this is used as a common insurance company strategy.
This defense may be used in other wrongful death cases, as well. For instance, if a defective product causes a death, the manufacturer may claim that the decedent wasn’t using the product as directed.
Lack of Duty of Care
Before proving that a defendant’s negligence caused the death, it’s necessary to show that the defendant owed a duty of reasonable care to the decedent. For instance, an apartment building owner has a duty of care to a tenant and must ensure that their building has adequate fire escapes, fire extinguishers, and working smoke detectors. This is their duty of care to anyone legally on the property. Common defenses in a wrongful fire death case might be a claim that the decedent was not a tenant and the property owner did not have a legal duty to provide reasonable care.
The Breach of Duty Did Not Cause the Death
Another commonly used strategy to deny a Washington wrongful death case is to claim that the breach of duty did not cause the death. For example, if a car accident victim died of a traumatic brain injury (TBI) several days after an accident, the insurance company could claim that the brain injury did not occur in the car accident, but happened elsewhere. This defense is common in cases of severe injuries with delayed symptom presentation, such as TBIs or internal organ injuries.
In some cases, the defendant may claim that not only did the breach of duty not cause the death, but that the fatal injury occurred due to self-defense on the part of the at-fault party.
The “Assumption of Risk” Defense
In some cases, a defendant in a Washington wrongful death case might claim that the decedent was aware of the risk involved in the activity and voluntarily assumed that risk when engaging in the activity. For example, if a dangerous condition existed on a ski slope, the ski resort could claim that the skier assumed the risk when they chose to ski down the slope. However, in this case, the ski resort would have to demonstrate that the skier was fully informed and aware of the risk and chose to ski the slope anyway, or that they signed a liability waiver.
An “Act of God” Caused the Death and Other Defenses
In some wrongful death cases, the defendant’s insurance company may claim that the death was beyond the defendant’s or anyone else’s ability to control, or that no action on their part could have prevented the death.
How Can a Washington Wrongful Death Lawyer Help?
An experienced Arlington personal injury attorney understands and anticipates the above common defenses in wrongful death cases and makes a strong case for the defendant’s full liability for the economic and emotional damages caused by the death.
Contact Wells Trumbull to learn more about your legal right to compensation and a sense of justice for your loved one’s wrongful death. Schedule your free consultation today.