It is never easy when a person you care about passes away, but when someone you love loses their life through another party’s negligence, the injustice is difficult to endure.
Understanding the important issues involved in wrongful death cases is helpful for those considering a lawsuit. However, when you have suffered a devastating personal loss, it helps to know that you have a Seattle wrongful death lawyer you can trust to handle your claim. At Frey Buck, our skilled personal injury attorneys have the compassionate, professional experience to remove the burden of your legal claims.
Who Can File a Wrongful Death Lawsuit?
Under Washington law, only individuals who are directly related to the decedent have the legal right to bring a wrongful death claim. Typically, the personal representative of the deceased’s estate is the person who should officially file the claim. This is because the lawsuit will benefit the estate. If the deceased created a will, the personal representative will be named there. If there is no will, then the court can appoint a representative instead.
State law specifies which beneficiaries are permitted to receive compensation from the suit. These include the spouse or legal partner of the deceased and their children, including biological or legally adopted children. If these individuals do not exist, then the deceased’s parents or siblings may pursue a claim. If you are uncertain about who should file your claim, discuss your unwarranted death case with a Seattle attorney.
Wrongful Death Claims vs. Survival Claims
If a person dies because of another person’s negligent, reckless, or intentional actions, their estate can file a survival claim and a wrongful death claim. The purpose of the wrongful death claim is to provide for the beneficiaries of the decedent because of the loss of financial support or personal companionship. However, your Seattle lawyer can file a survival action to recover damages that the deceased would have been entitled to after the accident if they had not died as a result.
Damages in a survival claim include economic and non-economic damages the person could have recovered through a personal injury lawsuit. Economic damages cover quantifiable items, such as:
- Hospital bills
- Emergency care
- Ambulance expenses
- Lost wages
Non-economic damages cover less tangible expenses for pain and suffering, emotional distress, and other more subjective losses.
When filing suit on behalf of a loved one, it is important to have a lawyer who understands both types of claims to ensure you maximize your potential compensation through wrongful death and survival damages.
Contact a Seattle Attorney to Receive Help With Your Wrongful Death Case
When you are grieving, it can be overwhelming to consider filing a lawsuit. However, if you do not file a wrongful death claim within the statute of limitations, it may be barred. Consulting with an attorney early in the process can help ensure that important evidence is easier to obtain.
Contact us at Frey Buck to speak with a Seattle wrongful death lawyer who can handle these issues for you. We will listen to your story, help you understand your legal situation, and manage filing your case and gathering evidence. Whether we go to trial with you or help you during a settlement negotiation, we are here to support you.