Losing someone you love is difficult, and can be even more so when the death was caused by preventable circumstances. At Wells Trumbull, we truly understand that no amount of compensation can replace your loss. However, compensation can help alleviate the financial burdens associated with your loved one’s death and offer you and your family some form of solace and closure.
The Marysville personal injury attorneys at Wells Trumbull are experienced professionals committed to guiding you through this challenging terrain with compassion and understanding. Contact us at (360)435-1663 today for a free consultation.
What Constitutes a Wrongful Death in Marysville, Washington
Wrongful death occurs when someone dies due to another’s negligence or intentional act. In Marysville, the relevant laws governing wrongful death claims are dictated by the Revised Code of Washington (RCW) 4.20.010. The critical issue is to determine whether the death was caused by another’s negligence and if the survivors are entitled to compensation.
Common Cause of Wrongful Death
Understanding the common causes of wrongful death is crucial in ensuring justice for those who have lost loved ones due to negligence or misconduct. Explore the main causes behind these tragic incidents below:
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Boating Accidents
- Workplace Accidents
- Product Liability
- Premises Liability
- Accidental Poisoning
Who Can File a Wrongful Death Claim in Washington?
Per RCW 4.20.010, a wrongful death claim can be filed by the personal representative of the deceased person’s estate. Immediate family members, such as spouses, children, or parents, are usually the primary beneficiaries. These individuals may be entitled to compensation for damages such as:
- The deceased’s final medical expenses
- Funeral and burial costs
- Loss of the deceased’s future earnings
- Loss of companionship
- Pain and suffering experienced by the deceased before death
What If My Deceased Family Member Didn’t Have a Will?
Many states allow a wrongfully deceased individual’s closest surviving family member, such as a spouse, parent, or child, to file a wrongful death claim directly. In Washington, only the person named as personal representative or executor in the decedent’s will may file a claim on behalf of the family. If the decedent did not leave a will or estate plan, the court appoints a personal representative. Typically, this occurs when a close family member steps forward and petitions the court for the position so they may file a claim. If the court approves the person as the representative, they can move forward with the claim.
What to Do After a Loved One’s Wrongful Death In Marysville
It’s difficult to be clear-headed and take purposeful action after a loved one’s sudden death, but taking the right steps after the accident or incident that caused their death helps to protect your family’s future and give your loved one back a voice for justice. After the death, take the following steps:
- Use your cell phone to take photos of the accident or injury scene, including anything relevent to the death, like the damaged cars after an auto accident, a broken staircase in a hotel, or a defective product
- Place any personal effects or clothing in a sealed plastic bag
- Request a medical examiner or coroner’s report
- If your loved one had medical care before their death, obtain a copy of their medical records, including their most recent physical examination report and the hospital record showing their emergency treatment or records of the care before their death
- Ask for a copy of the police report if they were called to the scene
- Keep receipts, invoices, and bills for all expenses related to the death, such as medical bills, funeral expenses, and burial costs
- Gather tax documents and pay stubs to show evidence of the decedent’s typical income and benefits
Finally, contact a Marysville wrongful death lawyer to represent your family during your claim.
Proving Negligence in a Marysville Wrongful Death Claim
Washington requires a detailed investigation to establish negligence or misconduct leading to a wrongful death. This involves collecting evidence, consulting with experts, and negotiating with the liable insurance companies. An experienced Marysville wrongful death attorney is important to building a strong case, navigating the complex legal landscape, and ensuring that the survivors receive the justice and compensation they deserve.
In Washington, Negligence must be proven by showing that the defendant owed a duty of care to the deceased, breached this duty, and this breach directly resulted in death. The involvement of a skilled wrongful death attorney in Marysville is crucial to clearly articulate the correlation between the defendant’s breach of duty and the victim’s death.
How Long Do I Have to File a Wrongful Death Claim In Marysville?
Like all states, Washington places a time limit on how long the family has to file a wrongful death claim after the death. In Washington, the statute of limitations prohibits filing a claim beyond three years from the date the death occurred. This helps ensure that evidence is still available and eyewitness testimony is reliable when investigators from the insurance company and the family’s wrongful death lawyer examine the evidence or if the case goes to court. The court will toss out a wrongful death case filed after the three-year statute of limitations for wrongful death in Washington has expired.
Should I File a Survival Action Instead of a Wrongful Death Claim?
Depending on the circumstances of the death, a wrongful death lawyer might recommend that your loved one’s personal representative file a survival action. This is often appropriate if the injury victim lived for some time after the accident or incident that eventually caused their death. A survival action is similar to a personal injury claim that extends after the death. The damages available in a survival action compensate the decedent’s estate for the following:
- The medical expenses they incurred before their death
- Their lost earnings
- Funeral and burial costs
- Compensation for their pain, suffering, and fear of imminent death
Any compensation recovered in a survival action goes to the injury victim’s estate, where it’s then distributed according to their will. If the decedent didn’t have a will, the state’s intestacy laws for inheritance determine the distribution.
Why Choose a Marysville Wrongful Death Attorney at Wells Trumbull?
The Wells Trumbull wrongful death lawyers in Marysville are dedicated to serving you with empathy and professionalism, ensuring that your loved one’s rights are honored and that you receive the compensation you deserve.
Pursuing a wrongful death claim can be a pivotal step in finding closure and securing your family’s future. Our experienced Marysville wrongful death attorneys will meticulously evaluate your wrongful death cases, considering the unique circumstances and laws applicable to Marysville, to secure rightful compensation for your loss.
Our wrongful death attorneys are well-versed with the laws in Marysville and have a wealth of experience in personal injury law. We are adept at navigating complex wrongful death claims and advocating tirelessly for justice and peace of mind for families grieving the loss of a loved one.
Contact an Experienced Marysville Wrongful Death Lawyer at Wells Trumbull
In the face of loss, it is vital to stand up for your loved one’s rights. Acting promptly can help bring justice to your loved one and prevent such incidents from happening to others.
Our Marysville wrongful death attorneys are here to offer you compassion, knowledge, and representation, helping you navigate through this distressing time. Reach out to Wells Trumbull to discuss your case, gain insights into your rights, and embark on the path to justice and closure.