No legal process brings back a lost loved one, but a successful wrongful death claim brings the family financial compensation and a sense of justice for their losses. But how do you file a wrongful death claim in Washington? Make sure to speak with an experienced Lake Stevens car accident lawyer for legal guidance.
Under RCW 4.20.010, the state’s wrongful death claim states the following:
“When the death of a person is caused by the wrongful act, neglect, or default of another person, his or her personal representative may maintain an action against the person causing the death for the economic and noneconomic damages sustained by the beneficiaries …”
Who Can File a Washington Wrongful Death Claim?
When a loved one’s sudden death was preventable and only occurred because of someone else’s careless, reckless, or intentionally wrongful actions, it’s especially devastating for the family. Washington’s civil laws allow a means of legal redress for the family. Unlike many other states that allow a close family member like a spouse, parent, or adult child to file a wrongful death claim directly, in Washington, only the decedent’s personal representative may file a claim.
A personal representative is typically the person named in the decedent’s will or estate plan as the representative or executor. If the decedent did not leave a will, the court appoints a personal representative. This is often a close family member who petitions the court.
What Is the Process of Filing a Wrongful Death Claim In Washington?
When a loved one’s death could have been prevented by someone else’s reasonable actions, it’s a legally wrongful death. After a decedent’s personal representative steps forward to file a wrongful death claim, the first step is to hire a Washington wrongful death attorney. Then, the process proceeds as follows:
- The personal representative files a wrongful death claim, typically against the appropriate insurance policy, like the at-fault party’s auto insurance after a car accident death, or medical malpractice insurance after a misdiagnosis or anesthesia-error death
- The insurance company assigns an adjuster to the case to investigate the circumstances of the death and determine the percentage of the policyholder’s liability
- The wrongful death lawyer conducts an independent investigation into all aspects of the death, with the goal of protecting the family’s best interest
- The attorney compiles evidence of the at-fault party’s liability and the family’s economic and non-economic damages and presents the evidence to the insurer
- Negotiations take place, and the attorney assertively argues for the maximum compensation available
- The claim ends with an ample settlement, or the case goes to court
Only about 4% of personal injury and wrongful death cases require a trial.
Why Do I Need a Washington Wrongful Death Lawyer?
Insurance companies have a strong financial incentive to limit the policyholder’s percentage of fault as much as possible and assign an undue percentage of fault to the decedent. Under Washington RCW 4.22.070, a claimant may still recover compensation in personal injury and wrongful death claims if they contributed to the cause of the injury, but the insurance company deducts the injury victim’s percentage of fault from the compensation they or their surviving loved one recovers in their claim. An experienced Lake Stevens wrongful death lawyer protects against these and other insurance company tactics and works at no cost to you while defending your best interests, only collecting their fee if and when they’ve obtained compensation for your egregious loss. Contact us today for legal guidance and support.