When a loved one’s death occurred because of someone else’s carelessness, recklessness, or intentionally wrongful actions, it’s even more devastating knowing the death could have been prevented with reasonable care. The surviving family members may wish to file a legal action to demand financial accountability and a sense of justice, but should they file a survival action or a wrongful death claim? Make sure to speak with an experienced Lake Stevens wrongful death lawyer for guidance and support.
According to Washington RCW 4.20.010, the surviving family members may file a wrongful death claim through the decedent’s personal representative to compensate the family for their losses, while Washington RCW 4.20.046 defines a survival action as a post-mortem continuation of the decedent’s personal injury claim.
When Should I File a Washington Wrongful Death Claim?
A Washington personal injury attorney can help you determine whether a wrongful death claim or a survival action is appropriate under the circumstances of your loved one’s case. A wrongful death claim compensates the family for their losses, such as the following:
- Funeral and burial expenses
- The lost income of a provider for the number of working years they would have had remaining to them
- Lost benefits, such as medical insurance and retirement contributions
- Loss of household services
- Loss of a parent’s or a child’s guidance and support
- Loss of a spouse’s companionship and consortium
- Compensation for emotional grief and anguish
The decedent’s personal representative files the wrongful death claim and then distributes the compensation recovered through a settlement or court award to the closest surviving family member.
When Should I File a Survival Action In Washington?
A survival action is filed on behalf of the decedent’s estate rather than the family. A survival action is appropriate if the decedent lived for a time after the injury, experienced pain and suffering, and received medical care. The survival action proceeds like a personal injury claim by the decedent’s representative for damages like:
- Medical expenses
- Funeral and burial costs
- Loss of income
- Compensation for pain and suffering
- Compensation for emotional anguish and fear of imminent death
The amount awarded in a settlement or court award for these damages is paid directly to the decedent’s estate. Then, it’s distributed according to the terms of their will. If the decedent didn’t leave a will, the compensation is distributed according to Washington’s laws of inheritance or intestacy laws.
How Long Do I Have to File a Wrongful Death Claim or Survival Action In Washington?
Like all states, Washington limits the time a personal representative has to file a wrongful death claim or survival action. In Washington, families have up to three years from the date of the death to file a claim. The court will not hear a case filed after the statute of limitations has expired.
The time limit for wrongful death and survival action claims in Washington ensures that evidence remains available during the claim process and that eyewitness testimony is still reliable. It also protects defendants from the long-term threat of lawsuits.
Ask a Washington Wrongful Death and Survival Action Attorney
If you have questions about your legal options after a loved one’s death, an experienced wrongful death and personal injury attorney in Lake Stevens will evaluate the circumstances of your case and determine the best way to move forward for the compensation and sense of justice you and your lost loved one deserve. Contact us today.