What Is the Value of a Wrongful Death Case In Washington?
Request Free ConsultationAll deaths feel wrong and cause grief and anguish to loved ones left behind, but when the death was preventable if only another party had taken reasonable care it’s even more traumatic to close family members. Often, loved ones are left to bear the economic impacts of the loss as well as the emotional distress.
A successful wrongful death claim in Washington does not bring a lost loved one back but it helps relieve the related financial hardship and allows grieving family members to focus on healing and moving forward.
Just as no two accidental deaths are the same and have different impacts on family members, no two wrongful death claims result in the same compensation. An experienced Renton wrongful death attorney in Washington can assess your unique situation and advocate for the justice and support your family deserves.
What Damages Are Available to Me In a Washington Wrongful Death Claim?
A Washington wrongful death claim is a type of personal injury claim brought by a representative of the decedent for the family. If a deceased individual could have filed a personal injury claim had they survived their injury, a family may file a wrongful death claim.
Common damages claimed in Washington wrongful death cases include the following:
- The cost of medical expenses before the death if the decedent received medical care
- Funeral and burial expenses
- Lost income for the number of earning years the decedent would have had remaining to them had they not died
- Lost benefits such as health insurance and retirement contributions
- Compensation for the family’s grief and anguish
- Loss of consortium for a spouse or the loss of support and guidance of a parent
A wrongful death claim in Washington is filed against the at-fault party’s insurance company, such as auto insurance after a car accident or medical malpractice insurance after a death caused by the negligence of a medical provider.
Do I Have to Go to Court for a Wrongful Death Claim in Washington?
Most wrongful death claims end with a settlement from an insurance company, but in some cases, the insurance company disputes aspects of the claim, undervalues it, or denies it completely.
When this occurs, the case may proceed to court where both parties present their arguments. Court cases take longer than settlements but often result in a larger jury award for damages.
How Does Washington’s Comparative Negligence Laws Impact a Wrongful Death Claim?
Washington is a fault-based insurance state under a pure comparative negligence insurance system. Under this system, an injury victim or the family members of a fatally injured person can recover compensation for damages even if they are partly at fault for the accident or incident resulting in their death.
In these cases, the insurance adjuster subtracts their percentage of fault from the total amount of their claim. For example, if a drunk driver causes a car accident but the decedent wasn’t wearing a seatbelt, the insurance company could assign them 50% of the fault for their death. In this case, the family member would only receive half of the total amount of the compensation they claim.
How Can a Washington Wrongful Death Attorney Help?
No one should have to take on a complex legal claim while also dealing with the grief of a death in the family. Call the wrongful death lawyers in Washington who have years of experience navigating this type of claim with a history of success.
Reach out to Caffee Accident & Injury Lawyers for a free evaluation of your case and contingency-based payment so you pay us nothing until we settle or win your case.