Wrongful Death
Wrongful Death
Have you experienced the devastating loss of a loved one due to someone else’s negligence? When a family suffers a wrongful death, the emotional pain of the tragedy can be compounded by financial hardship. At the firm of Putnam Lieb Potvin Dailey, our wrongful death lawyers understand the challenges you are facing and are dedicated to fighting for justice and the compensation you deserve during this difficult time.
Our compassionate legal team has decades of experience handling wrongful death cases throughout the state of Washington. We are committed to thoroughly investigating the cause of your loved one’s death, holding the negligent party or parties accountable, and maximizing the financial recovery available to you and your family. We understand the complexities of wrongful death lawsuits and will work tirelessly to navigate the legal process with sensitivity and respect. Contact our personal injury attorneys today for a free consultation to discuss your case and learn how we can help you move forward.
What is Considered a Wrongful Death?
A wrongful death is a legal term used for a situation where someone dies of injuries sustained due to the negligence, recklessness, or intentional wrongdoing of another person or entity. The death could have been prevented if reasonable actions were taken. Wrongful death lawsuits apply to any situation where, had the deceased survived; they would have been able to file a personal injury lawsuit. In wrongful death cases, surviving family members or representatives are able to seek compensation for the financial and emotional losses they have experienced due to the death.
To file a wrongful death lawsuit, you must prove negligence. The complexities of a wrongful death claim in the state of Washington can be better negotiated with the help of a skilled attorney. Working with an Olympia wrongful death lawyer will help you investigate, gather evidence, and put together a strong case. To prove that an individual or entity acted with negligence, you must demonstrate the following factors:
- Duty of Care: You must prove that the defendant owed a reasonable duty of responsibility in action and that the breach of this caused the wrongful death. An example of duty of care is that a company owes its employees a safe work environment.
- Breach of Duty of Care: you must establish that the defendant’s actions or intentional inaction breached this duty and caused the wrongful death. This can be proven by police statements and reports, accident scene investigations, witness testimony, and medical documents, depending on the details of the case.
- Causation: you must prove that there was a direct connection between the defendant’s negligence and your loved one’s death.
- Damages: you need to show records that provide evidence for all losses that are a part of the requested settlement. This can include invoices, receipts, pay stubs, medical records, and other sources of documentation.
Every state has different laws that govern wrongful death claims, and it can be very beneficial to get the support of a wrongful death lawyer to understand the process in better detail. In the state of Washington, a personal representative of the deceased may file a wrongful death action against the negligent party(s) for economic and non-economic damages sustained by beneficiaries under RCW 4.20.010. It is important to seek the counsel of an experienced wrongful death attorney from Olympia, Washington, to advise you on your unique case and the best strategy in seeking justice against any negligent parties.
It is important to know that any wrongful death case is handled at a civil court level and is completely distinct from any pending criminal charges that could arise from the same incident. You may be called in to testify in a criminal case, but these two processes will be handled independently in Washington state courts. Criminal trials will focus on punishing the accused, while wrongful death cases aim to provide compensation to the surviving family members. An excellent example of how criminal and civil cases are tried separately would be the successful wrongful death case against O.J. Simpson after he was acquitted of his criminal accusations.
What Are Common Causes of Wrongful Deaths?
Wrongful death claims can arise from any situation where someone’s negligence, reckless actions, or intentional inaction leads to another person’s death. Wrongful death lawsuits can target a variety of at-fault parties, including individuals, government agencies, medical professionals, medical institutions, employers, manufacturers of defective products, contractors and third parties, distributors, nursing homes, property owners, and more. Some common causes of wrongful death include:
- Assault and battery
- Motor vehicle accidents
- Commercial truck accidents
- Construction site accidents
- Defective products and product liability
- Medical malpractice
- Manslaughter
- Nursing home neglect
- Pedestrian or bicycle accidents
- Pharmaceutical negligence
- Slip and fall accidents
- Workplace injury
If you believe your loved one’s death may have been caused by another party’s negligence, consulting with a wrongful death attorney in Olympia, Washington, is crucial. We can assess the unique details of your case, determine if you have grounds for a claim, and guide you through the legal process. Let us worry about the details while you spend time with your family and heal.
How to Seek Compensation After Wrongful Death
Compensation will never make up for the loss of a loved one, but you should not have to worry about how you will deal with this new, significant financial burden on top of your grief. Wrongful death lawsuits offer a path to justice by providing compensation during this difficult time for you and your family. Contact a wrongful death attorney to help calculate your comprehensive settlement that will take into account financial losses now and in the future. By pursuing a wrongful death settlement, you are ensuring your family’s future financial stability and making the negligent party(s) pay for the suffering they have caused you.
Economic Damages
Settlements for wrongful death lawsuits in the state of Washington can be comprised of both economic and non-economic losses. Your Olympia wrongful death attorney will help you calculate all potential losses for a settlement that secures your family’s financial future. Economic losses will include any damages that can be directly tied to a financial sum, such as:
- Burial costs
- Estate administration expenses
- Funeral expenses
- Hospital bills
- Loss of income
- Loss of inheritance
- Loss of future income and benefits
- Medical expenses
- Travel expenses
Non-Economic Damages
Non-economic damages can be harder to calculate because they are intrinsically defined as losses that are not tied directly to a financial sum. Some states have a cap on these types of damages, but in the state of Washington, there is no current cap on economic or non-economic damages. These losses can be discussed under the category of pain and suffering. Non-economic damages that can be recovered include:
- Emotional anguish
- Loss of companionship
- Loss of consortium
- Loss of support
- Mental anguish
- Pain and suffering for the family
Some special damages might also be awarded for the death of a minor child under Washington RCW 4.24.010. These actions allow both parents or legal guardians to bring an action to recover the loss of a child, including the emotional, psychological, or financial nature of a parent-child relationship. While never truly able to compensate for the loss of a child, these damages can help a parent pay for counseling or therapy while recovering from their grief.
Important Terms to Know When Filing a Wrongful Death Suit
The legal system can be a complicated and confusing landscape, especially after the devastating loss of a loved one due to someone else’s negligence. When you are filing a wrongful death suit in Washington state, understanding some key legal terms can help you navigate the process more confidently. Here are some important concepts to familiarize yourself with:
Washington State Statute of Limitations
Within the state of Washington, there is a legal deadline for filing a wrongful death lawsuit. Under RCW 9A.04.080, you generally have three years from the date of your loved one’s death to file a case or legal action. Some situations may allow for exceptions to this rule, but it is important to seek advice from a wrongful death attorney in Olympia, WA, as soon as you are able. Missing this deadline can significantly limit your ability to pursue compensation and justice in the future. Do not delay; request a consultation, and a representative will reach out to you to schedule a free appointment.
Wrongful Death Beneficiaries
Washington law specifies who can file a wrongful death claim, which typically involves a personal representative or an executor of the estate. Instead of any spouse, sibling, child, or direct relative, as some states allow, Washington requires a legal representative to be appointed to act as a representative after the death and file the right of action. This person will then represent the entirety of the beneficiaries of the estate, including a surviving spouse, children, dependent parents, or, in some cases, siblings of the deceased.
Survival Actions in Washington State
A survival action is the continuation of a personal injury lawsuit that the deceased had filed prior to death. Separate from the wrongful death suit, the survival action seeks compensation for any injury prior to death, even if that injury did not lead specifically to their death. An example would be if a person broke their leg during a car accident and was pursuing a personal injury claim for that but later died of an unrelated heart attack. The right to prosecute would pass to the person’s estate, and the compensation for losses would go to the person’s beneficiaries.
How Can an Olympia, Washington Wrongful Death Lawyer Help?
In the aftermath of a loved one’s sudden and tragic loss due to someone else’s negligence, you may be facing significant financial burdens in addition to your grief. An experienced lawyer from the firm of Putnam Lieb Potvin Dailey can be a powerful asset during this difficult time for you and your family. We will work tirelessly to help you protect your rights and build the best case possible for you. We want to ensure that you understand what is happening every step of the way and that you get your questions answered.
Our first focus will be ensuring that your case meets all the proper deadlines for filing and that all your paperwork and documentation are filed promptly to protect your right to seek compensation. Your wrongful death lawyer in Olympia, WA, from our firm, will conduct a thorough investigation to gather supporting evidence to back up your case. We will gather documentation, including police reports, medical records, accident scene reconstruction (if applicable), and any potential eyewitness testimonies to establish the strongest evidence to prove negligence.
We have decades of experience with negotiation tactics and knowledge of insurance company practices to ensure that we secure you a fair settlement that reflects the full extent of losses now and in the future. If your case cannot be settled, we will advise you on your legal options and take your case to civil court if you choose to continue. We will present all found evidence and fight tirelessly for the compensation you deserve. While we have a strong hand with at-fault parties, we will provide invaluable emotional support and guidance to you and your family as you navigate the complexities of this process during this time of grief. Our team is here to support you with meaningful legal solutions and help you take the insult out of injury.
How Much Does a Wrongful Death Attorney in Olympia, WA Cost?
We provide free consultations and never require any upfront fees. Our team works on a contingency basis, which means we do not get paid unless we secure a settlement that is in your favor. Learn more about how Putnam Lieb Potvin Daily works to ensure your financial success in the future. This means no out-of-pocket expenses for personal injury or wrongful death claims.
Putnam Lieb Potvin Dailey Puts Decades of Legal Experience to Work for You
If your family is dealing with the repercussions following the loss of a loved one due to someone else’s negligence, an Olympia, Washington, wrongful death lawyer from Putnam Lieb Potvin Dailey can help. We provide compassionate, experienced legal guidance for every case we undertake. Contact us for a free, no-obligation consultation about your case and how we might help you fight for a rightful settlement.