A wrongful death case in Washington falls under the umbrella of personal injury law. Washington has a pure comparative negligence system for personal injury liability, including in wrongful death cases. Under pure comparative negligence, each party involved in an accident or incident is assigned a percentage of fault by investigators, typically insurance adjusters assigned to the case.
Under the pure comparative negligence system, even if a deceased loved one contributed to the cause or severity of their fatal injury, the family may still file a wrongful death claim; however, it’s important to understand how the decedent’s fault impacts the total amount the family recovers in their claim. Make sure to speak with an experienced wrongful death lawyer in Marysville for legal guidance and support.
First, What Is Wrongful Death, and Who May File a Wrongful Death Claim In Washington?
All deaths feel wrong to grieving family members, but a death is legally a wrongful death in Washington if the death was preventable had another party taken reasonable care. For example, a driver owes a legal duty of care to others on the road, requiring them to follow traffic laws. Violating this duty of care leaves them liable for damages to victims of their negligence. The wrongful party’s insurance company must pay out on a claim against the defendant.
Some states allow a close family member, like a spouse, parent, or adult child, to file wrongful death claims directly, but Washington requires the decedent’s personal representative or the executor of their estate to file on behalf of the family. If the decedent has no will, the judge assigns a family member as the representative. Often, the legal representative named in a will is a spouse or the same person entitled to the estate, including any wrongful death compensation awarded.
How Does Partial Fault Impact Wrongful Death Compensation In Washington?
A typical example of partial or contributory fault in a wrongful death case occurs in a car accident case. Investigators may determine that one driver is 80% at fault for running through a red light. Still, the fatally injured accident victim was speeding, placing them in the intersection significantly faster than they would have been had they followed the speed limit, and increasing the severity of their injury, leaving them 20% at fault for their fatal injury. You can also consult a Marysville car accident lawyer for legal guidance.
In this example, the family member of the deceased driver may still recover compensation, but the insurance company subtracts the decedent’s percentage of fault from the total amount they recover. If their damages total $100,000, the family may still recover $80,000.
What Damages Are Recoverable In Washington Wrongful Death Claims?
A sudden death has economic impacts on families, as well as devastating emotional effects. Common damages recovered in Washington wrongful death cases include funeral costs, lost income and benefits from a family provider, and compensation for emotional losses, such as grief, anguish, and loss of companionship and consortium, or the loss of a parent’s support and guidance.
How Can a Wrongful Death Lawyer In Washington Help Me?
The state’s pure comparison negligence system benefits the families of deceased loved ones who truly contributed partial fault for their death; however, it also incentivizes insurance companies to unfairly assign fault to protect their profits at the expense of paying out full and fair compensation. An experienced Marysville personal injury lawyer compiles evidence to prove the other party’s liability and counteract disputes and undervalued claims. Call Wells Trumbull to speak to an attorney about the specifics of your case during a free consultation, so you can begin recovering the compensation and sense of justice your family deserves.