Olympia Wrongful Death Claim
When a loved one passes away due to someone else’s negligence, it is normal to feel a strong sense of grief as well as anger. If you are processing the death of a loved one, our lawyers may be able to help you pursue justice with an Olympia wrongful death claim.
Founded in 1980, Putnam Lieb Potvin Dailey takes the insult out of injury cases, helping families recover after fatal accidents. Every story is unique, and we work to ensure every client feels heard and understood. While pursuing an Olympian wrongful death claim cannot compensate for the loss of your loved one, our team of attorneys will work diligently to advocate for you.
What Is Considered a Wrongful Death?
A wrongful death occurs when someone dies from the injuries they sustained in an accident caused by another party’s negligent, reckless, or intentional actions. This legal term refers to a completely preventable situation that would not have occurred if the other party had acted in a reasonable way.
A wrongful death claim can be filed against the negligent party to seek compensation for the expenses, trauma, and future losses the death has caused.
Who Can Be Held Liable in a Wrongful Death Claim?
Individuals, businesses, organizations, and government entities may be held liable in wrongful death claims. These claims can be taken out against the at-fault party’s insurance company if proper coverage exists. Multiple at-fault parties may be held liable depending on the nature of the fatal accident.
Based on the type and amount of insurance coverage the liable person or entity has, you may need to file a wrongful death lawsuit to fully cover the damages that you and your family are owed.
Can I File a Wrongful Death Case at the Same Time as an Ongoing Criminal Case?
Yes.
A wrongful death case is filed in the Washington state civil courts and is focused on seeking compensation for your family’s losses. A criminal case may be pursued at the same time and is handled independently within the criminal justice system. Criminal trials focus on bringing the accused to justice, and the outcome of the case does not mean that your civil case will end up the same way.
Who Can File a Wrongful Death Claim in the State of Washington?
Only certain family members can file for a wrongful death claim in Washington State. Immediate family members are eligible to pursue a claim under RCW 4.20.020.
If no immediate family members exist, the law may allow other individuals to file a claim. Generally, eligibility to file a claim will follow this order of relations:
- Surviving spouse or partner
- Children or stepchildren
- Surviving parents
- Siblings
When these designated family members are ready to file a claim, they must designate a personal representative under RCW 4.10.010. If you are ready to designate a personal representative and begin your claim, speak with our wrongful death lawyers to determine the best course of action. We will ensure that you have everything in place to set up your claim for success.
How Long Do I Have to File a Wrongful Death Claim in Washington?
There is a limited time when you are able to file wrongful death claims in Washington. The statute of limitations is typically three years from the decedent’s death. If you miss this three-year deadline, you and your family may miss out on any ability to recover compensation for your losses.
Some exceptions may apply that extend or shorten this timeline. If the cause of your loved one’s death was not immediately apparent or the person you are trying to file the claim against has left the state, the deadline may be extended. The period may be shorter if you are pursuing a wrongful death claim against a government entity.
Generally, the sooner you get started on building a solid fatal accident claim and pursuing justice, the better. Speak with one of our Olympia wrongful death attorneys as soon as you can. We can discuss your case and make sure you do not miss out on the ability to pursue justice.
How Long Do Wrongful Death Lawsuits Take?
Wrongful death lawsuits can vary in length depending on the parties involved and their willingness to negotiate.
Some wrongful death lawsuits are settled relatively quickly upon filing, as the at-fault party does not want to go through the time, expense, and potential damage to their reputation that a public civil court case would cause. Other wrongful death cases may stretch on for some time, depending on how long it takes to gather evidence and build a solid case, the court’s schedule and availability, and other sources of delays.
Typically, an experienced and knowledgeable lawyer can help speed up the process by being prepared, promptly filing all paperwork, and ensuring everything is handled without preventable errors.
At Putnam Lieb Povin Dailey, our wrongful death lawyers in Olympia will build a strong case, advocate for you in trial, and do everything possible to maximize your compensation.
How Much Is My Wrongful Death Claim Worth?
Under RCW 4.20.046, you may be eligible to pursue both economic and non-economic damages on behalf of the deceased and their estate. Economic damages cover financial losses, which can be proven with invoices, receipts, and other documentation. Non-economic damages are harder to calculate, as they are not tied directly to a monetary sum. However, these losses are just as important to pursue, representing the significant psychological burden caused by the loved one’s suffering.
Recoverable losses may include a mixture of the following:
- End-of-life medical costs and hospital expenses
- Funeral and burial expenses
- Lost income or earning potential
- Costs of services required to replace what the decedent provided, such as childcare
- Pain and suffering
- Emotional trauma
- Anxiety and depression
- Loss of companionship
One of our wrongful death attorneys can help you calculate the full value of your claim, taking into account past expenses and future, expected losses. We may even call in expert witnesses to provide testimony on the losses, such as medical experts, family psychologists, and others. Our goal is to maximize the compensation you and your family deserve after this tragic loss. While there is no way to get your loved one back, financial compensation can take away some of the sting of monetary concerns and bills piling up while you grieve and learn to move forward in your life.
Insurance providers often have caps on the amount you are able to receive. After calculating the comprehensive value of your damages, your wrongful death lawyer will try to negotiate with the insurance company for your maximum settlement amount. If they are unwilling to negotiate or unable to do so due to insurance caps, your lawyer may encourage you to pursue a wrongful death lawsuit to get the full amount you and your family deserve.
Wrongful Death Claims and Punitive Damages in Washington State
Washington State does not typically award punitive damages. Punitive damages seek to punish the defendant for their wrongful actions instead of merely compensating the plaintiff for losses sustained. Traditionally, the state’s courts focus solely on compensatory damages such as economic and non-economic losses. Punitive damages may be applicable in certain types of cases, such as for product liability, nursing home abuse, and certain wrongful death cases.
For cases with particularly egregious conduct on the defendant’s part or willful actions, punitive damages could be awarded by the court under certain statutes. When this occurs, it is up to the discretion of the court to determine the proper amount of punitive damages to award, as there is no set calculation for these cases.
If you believe your case may qualify to have punitive damages, speak with a wrongful death attorney for further guidance on how much your claim may be worth. Our lawyers can help answer any questions you may have.
What Is a Survival Action and How Is It Different from a Wrongful Death Claim?
Survival action and wrongful death claim are two terms you might hear after the death of a loved one due to someone’s negligence. In some situations, surviving family members of the decedent may be able to file for both, so getting clarification from a wrongful death lawyer regarding your specific circumstances is advisable.
A wrongful death claim focuses on compensating the family for their losses after the death of a loved one, including financial support, expenses related to the death, such as funeral and burial, emotional trauma, and loss of companionship. Family members may file a wrongful death claim with the help of a chosen representative.
A survival action focuses on the losses the deceased suffered between the time of their accident and their time of death. Survival actions are filed by the decedent’s estate and focus on the estate’s losses.
In cases where there was a prolonged period of suffering between the accident that caused the injury and the death that occurred due to the injury, the compensation from a survival action could be significant. Any compensation received from the survival action will then be dispersed according to the deceased’s estate, based on their will or Washington State intestacy laws if no legal will exists.
How Do I Find the Right Wrongful Death Attorney?
While grieving the wrongful death of a loved one, it is important to partner with the right attorney who will understand your situation, be compassionate with you and your family’s needs, and overall make the process as smooth for you as possible. If you are wondering how to find the right wrongful death lawyer, you can start by setting up a few initial meetings with law firms in your area and interviewing them to determine the best fit for you. At Putnam Lieb Potvin Dailey, we offer free case consultations to make this easier for you.
Look for an established firm with roots near you to find a lawyer who understands the local and state laws. You’ll also want to ensure that the wrongful death attorney has an established relationship and reputation with the courts of the region and may have personal experience in similar cases. Your wrongful death lawyer should be easy to communicate with, timely with their responses, and thorough in their attention to detail. A good lawyer will be a compassionate and loyal advocate during your legal process and give your case the proper attention it deserves.
Be sure to read reviews and ask questions about the attorney’s experience and successful cases. Use your initial consultation to ask any questions you may have about your specific circumstances and, if you are trying out multiple law firms, compare their answers to determine the best fit. Look for someone who communicates clearly and honestly, but in a kind and compassionate manner, who you can trust to represent your case well in court.
Contact Our Experienced Team of Lawyers About Your Olympia Wrongful Death Claim
For over 40 years, the law firm of Putnam Lieb Potvin Dailey has advocated for justice on behalf of accident victims and their families. We strive to ensure our clients feel comfortable, safe, and heard throughout the whole legal process, and understand what is happening with their case every step of the way.
Trust in our team to provide compassionate support during your time of grief and fight for your legal rights to pursue compensation to help your family. Contact our law office in Olympia, WA to discuss your wrongful death claim with one of our skilled attorneys.