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If your loved one lost their life due to someone else’s wrongful actions, it’s a tragedy no family should endure. Wrongful death claims arise when negligence leads to a loss of life, leaving families to seek justice on behalf of their loved one. To pursue a wrongful death claim, it must be proven that a legal duty existed, that duty was breached, and that the breach directly caused the victim’s death.

Wrongful Death Lawsuits

Under Washington State law, certain family members can file a wrongful death claim when a loved one passes due to negligence. These claims seek compensation for the emotional and financial impact of the loss, including:

Loss of the deceased’s income and household contributions;
Emotional damages such as the loss of companionship, guidance, and support;
Other similar damages.

Only certain family members are eligible to pursue a wrongful death claim. Surviving spouses and children have priority. If none exist, the deceased’s parents or siblings may qualify if they were financially dependent on the victim.

Survival Actions

Survival actions allow the deceased’s estate to recover damages related to the victim’s suffering and financial losses before passing. These claims can include:

Medical expenses incurred before death;
Funeral and burial costs;
Lost future income as calculated by law;
Property damage.

A personal representative of the deceased’s estate—either the executor named in the will or an individual appointed by the court—must file survival actions.

Common Wrongful Death Scenarios

Car and motorcycle accidents:

Collisions may result in immediate death or injuries so severe that they prove fatal shortly after.

Truck accidents:

The sheer size and weight of commercial trucks often cause devastating injuries in collisions.

Medical malpractice:

A doctor or healthcare provider’s negligence during surgery, misdiagnosis, or failure to provide appropriate care can lead to fatal consequences.

Defective products:

Faulty or dangerous products, such as defective car tires causing a vehicle to veer off the road, can tragically result in death.

Premises liability accidents:

Slip and fall incidents or other injuries caused by unsafe property conditions may prove fatal when property owners neglect their duty to maintain a safe environment.

Intentional acts:

Deliberate harm, such as an assault, that results in death is also grounds for a wrongful death claim.

If you’re able to prove the key elements of your wrongful death claim, you could recover the compensation you deserve for your losses. In these cases, your losses generally fall into two main categories, both rooted in the legal concept of damages:

Economic Damages

These include the costs of medical treatment for your injuries, such as hospital bills, doctor’s visits, and ongoing therapy, as well as any income you lose from being unable to work during your recovery.

Noneconomic Damages

These refer to your subjective losses, which encompass pain and suffering, the impact on your personal relationships, and emotional distress caused by the accident and your injuries.

Estimating the right amount of compensation can be complex, but an experienced wrongful death lawyer in Yakima knows exactly how to handle it. For instance, our team will request copies of all your medical bills and receipts, and if you’re self-employed, we’ll review your paystubs or profit-and-loss statements to understand the full scope of your financial losses. This helps us accurately calculate your economic damages.

When it comes to noneconomic losses, we rely on our experience. Having represented countless clients, we know how a jury evaluates claims related to pain and suffering or emotional distress. In many cases, our clients are able to secure several times the amount of their economic damages in pain and suffering compensation.

Common Wrongful Death Questions

Who can file a wrongful death lawsuit in Washington State?

In Washington, only certain family members can file a wrongful death lawsuit. Typically, the surviving spouse or children are eligible. If there are no such survivors, parents and siblings may file, but only if they were financially dependent on the deceased. A personal representative of the decedent’s estate must file the lawsuit on behalf of eligible family members.

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim seeks compensation for the family’s losses, such as lost financial support or emotional companionship. A survival action focuses on damages the deceased could have pursued if they had survived, such as medical bills, lost wages, and pain and suffering before death.

How long do I have to file a wrongful death lawsuit in Washington?

You must file a wrongful death lawsuit within three years of the date of death, as per Washington’s statute of limitations. Investigating and building a case can take time, so it’s crucial to consult an attorney promptly to protect your legal rights.

What are the steps involved in filing a wrongful death lawsuit?

Filing a wrongful death lawsuit involves several steps. First, you’ll need to consult with an experienced attorney who will assess the case. Next, the attorney will gather evidence, interview witnesses, and investigate the cause of the death. Once the facts are established, your attorney will file the lawsuit, which may involve negotiating with insurance companies or going to trial if a fair settlement isn’t reached. Throughout the process, your attorney will advocate for your rights and work toward securing the compensation you deserve.

What evidence is needed to prove a wrongful death case?

To successfully pursue a wrongful death claim, you will need to establish that the defendant’s actions caused the death of your loved one. This may involve collecting evidence such as accident reports, medical records, witness statements, and any video footage or photographs from the scene. It’s also crucial to investigate whether the defendant was negligent or acted recklessly. Your attorney will help gather the necessary evidence and build a strong case to prove that the defendant is legally responsible for the death.

What if I’m not sure who was at fault for my loved one’s death?

Uncertainty about fault should not prevent you from seeking legal advice. An experienced wrongful death attorney can investigate the facts, gather evidence, and determine liability, even if the details are unclear at first. Contacting a lawyer early can help clarify your legal options and strengthen your case.

How can an attorney help with my wrongful death case?

An attorney will gather evidence, interview witnesses, and investigate the circumstances to establish negligence and liability. They can also handle negotiations with insurance companies or represent you in court to ensure you receive fair compensation for your loss.