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The Basics Of Wrongful Death Claims In Washington

A gavel resting on a "Wrongful Death Lawsuit" book, symbolizing legal action and justice in wrongful death casesIn this article, you can discover…

  • The legal definition of a wrongful death claim.
  • Who is eligible to file a wrongful death claim in Washington.
  • Challenges in filing wrongful death claims and how an attorney can help.

What Is A Wrongful Death Claim?

A wrongful death claim is a claim for negligence brought against the party who caused the death by the victim’s family members or the state.

Common causes of wrongful death in Washington include motor vehicle and trucking crashes, bicycle accidents, construction site accidents, defective and dangerous products, liability incidents, unsafe premises incidents, and medical malpractice.

Who Is Legally Allowed To File A Wrongful Death Claim In Washington?

In Washington, only beneficiaries defined by state law are permitted to bring wrongful death claims. These include spouses, state-registered domestic partners, and children (including stepchildren). 

If there is no spouse, state-registered domestic partner, or children, the claim can be brought for the benefit of the parents or siblings of the victim.

How Is Liability Typically Proven In A Wrongful Death Claim?

Liability in wrongful death cases is generally proven through eyewitness testimony, medical and non-medical expert testimony, photos, and videos. For example, in a motor vehicle crash case, proving liability may require the testimony of an expert trained in accident reconstruction.

Sadly, unlike a traditional personal injury claim, the victim of negligence is no longer alive to tell their story or describe what happened to them. This makes it imperative to select a lawyer with wrongful death experience who can put the case together and tell the victim’s story accurately and meaningfully.

What Are Common Challenges In Wrongful Death Claims?

Proving liability and damages often require expert testimony. A personal injury attorney will know who to reach out to for testimony and how to select an expert witness who will explain matters clearly to a judge and jury. 

Proving that your loved one suffered conscious pain and suffering before they passed away can also be a challenge and will require medical expert testimony. A seasoned personal injury attorney can help bring these various elements together and reach out to the right experts to make your loved one’s case and get meaningful, successful, and just results. 

How Does Having An Attorney Help In Wrongful Death Cases?

Retaining an experienced wrongful death attorney immediately after a loved one passes away is essential. Only an attorney can determine what evidence needs to be gathered and preserved to prove a wrongful death claim. 

A truly skilled attorney can assemble and present a case in such a way that your family receives settlements or verdicts far in excess of what an insurance company or the at-fault party would ever have offered without an attorney’s guidance. 

Don’t attempt to get justice for a wrongful death alone; reach out to a caring, experienced, and diligent legal professional for the help and representation you need. 

Still Have Questions? Ready To Get Started? 

For more information on The Basics Of Wrongful Death Claims In Washington, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (732) 365-3299 today.

We have won over $1 million for our clients in bad faith insurance claims

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