Regardless of the cause, the loss of a loved one is a painful event. Losing someone you care about due to neglect or intentional harm from someone adds an unfathomable level of grief. If this has happened to you, you’re probably overwhelmed with both emotions and questions.
Knowing who is eligible to file a wrongful death claim isn’t the type of information that everyone knows. In this article, we’ll explain what a wrongful death claim is and who can file one.
What is a Wrongful Death Lawsuit?
The State of Washington allows for a wrongful death claim when someone’s death is caused by the neglect or direct cause of another person. RWC 4.20.010 states that an appropriate party can file a claim for economic and noneconomic damages.
There are several different scenarios where a person could file a wrongful death claim. However, the three most common ones are:
- Medical malpractice
- Negligence, such as a car accident
- A harmful act, such as an intentional or unintentional act of crime that results in someone’s death
Any wrongful act which directly causes the death of someone can technically be considered a wrongful death. A wrongful death lawsuit is different from a criminal lawsuit which doesn’t pay monetary damages. It’s possible for the culprit of your loved one’s death to first face a criminal lawsuit and then a wrongful death suit, which is a civil case.
Filing a wrongful death claim in Washington isn’t a matter that one can do on their own. Although no amount of money can bring back a loved one who was taken from us tragically, working with a Kent, WA, wrongful death lawyer will ensure that you’re properly compensated for your loss.
Who is Eligible to File a Wrongful Death Claim in Washington State?
The State of Washington allows for an immediate family member to file a wrongful death claim. This is typically the deceased person’s spouse or domestic partner. Children or stepchildren of the deceased may also file a wrongful death lawsuit. The personal representative of the deceased is usually referred to as “executor” during the civil case. If the deceased person had a will, their personal representative would most likely be named there.
Who Can File a Wrongful Death Claim if the Deceased Was a Child?
In the tragic event that the deceased was a child, here’s who can file a claim:
If the Child Was a Minor (Under the Age of 18)
A parent or legal guardian of the child can file a wrongful death claim as long as they have regularly supported the child financially.
If the Child Was an Adult (18 Years or Older)
If the adult child was unmarried and had no children, their parent or legal guardian can file a wrongful death claim as long as they’ve maintained a significant relationship with them. This includes providing emotional or financial support close to the time of their death.
What Type of Compensation Could a Wrongful Death Claim Provide?
Three different types of compensation could possibly be paid out in a wrongful death lawsuit. Your lawyer will discuss with you which options are available depending on the nature of the death. These are the most common types of compensation to be expected:
- Compensation for Estate – Compensation for the deceased person’s estate would include any medical expenses incurred, pain and suffering, and current and future lost wages. Also included are any funeral and burial expenses.
- Compensation for Beneficiaries – This includes loss of inheritance, loss of care or companionship, and loss of consortium.
- Punitive Damages – If the death was caused in an extremely horrible or shocking manner, you may be entitled to other compensation.
What Is the Statute of Limitations for a Wrongful Death Claim?
In the State of Washington, the statute of limitations for filing a wrongful death claim is 3 years from the date of death. Except in rare cases, if you file more than 3 years after your loved one’s death, the court will refuse to hear the case.
Wrongful Death Claims in Washington State Explained
No one should have to face the horrors of a loved one losing their life due to the actions of another person. Consulting with an experienced wrongful death lawyer can help you to experience some type of closure to an unfortunate event. Let those with the know-how help you to get the compensation you deserve.
