Losing a family member is a devastating and life-altering event. When that loss is sudden and caused by someone else's carelessness, the grief is compounded by confusion and anger.
You are left trying to make sense of a tragedy while planning a future you never imagined. If your family is in this unimaginable position after a fatal accident, know that a Seattle wrongful death accident lawyer provides compassionate guidance during this incredibly difficult time.
The legal process may be the last thing on your mind, but it is a necessary step to hold the responsible party accountable and secure your family's future.
Table of Contents
- Wrongful Death Claims in Washington
- Who Can File a Wrongful Death Lawsuit?
- What Needs to be Proven in a Claim?
- The Role of a Seattle Wrongful Death Accident Lawyer in Your Case
- Types of Compensation Available for Your Family
- Why Choose Pendergast Law?
- Frequently Asked Questions in Wrongful Death Cases
- A Path Toward Accountability
Wrongful Death Claims in Washington
After a fatal accident, you will hear the term "wrongful death." A wrongful death claim is a type of civil lawsuit brought when a person dies as a direct result of the negligent or wrongful act of another person or entity.
These claims arise from various types of fatal accidents, from a collision on the I-90 floating bridge to a construction site incident in South Lake Union. The purpose of the claim is to compensate the surviving family members for the immense losses they have suffered due to their loved one's death.
- This is different from a criminal case, which might involve charges like vehicular manslaughter. A wrongful death claim is a separate civil action focused on financial compensation for the family.
- The standard of proof is lower than in a criminal case. You do not need to prove guilt "beyond a reasonable doubt," but rather that it was more likely than not that the other party's negligence caused the death.
- These cases acknowledge that the death resulted in specific, calculable financial and emotional damages to the surviving family.
The legal framework for these claims is defined by Washington State law, which specifies who can file the lawsuit and what kind of compensation may be sought.
Who Can File a Wrongful Death Lawsuit?
Washington law is specific about who has the authority to bring a wrongful death action. The claim must be filed by the Personal Representative of the deceased person's estate.
A Personal Representative, sometimes called an executor, is the individual legally appointed by the court to manage the deceased person's final affairs. This person may have been named in your loved one's will. If there was no will, the court will appoint someone, typically a close family member like a spouse, adult child, or parent.
- The Personal Representative acts on behalf of the statutory beneficiaries. These are the family members who are entitled to receive the compensation from the lawsuit.
- The primary beneficiaries are usually the surviving spouse or domestic partner and the children. This includes stepchildren.
If the deceased has no spouse or children, their parents or siblings may be considered beneficiaries.
The Personal Representative has a fiduciary duty, which is a legal obligation to act in the best interests of the estate and its beneficiaries. They initiate the legal proceedings and distribute any settlement or award according to the law.
What Needs to be Proven in a Claim?
To have a successful wrongful death claim, your attorney must prove that another party's actions, or failure to act, directly led to your loved one's death. This legal concept is called negligence.
Negligence is the failure to use reasonable care, resulting in harm to another person. Your legal team will work to establish four key elements to prove negligence in your case.
- Duty: The at-fault party owed your loved one a duty of care. For example, every driver on the road has a duty to operate their vehicle safely and obey traffic laws.
- Breach: The at-fault party breached, or violated, that duty. A driver who was texting and ran a red light has breached their duty of care.
- Causation: This breach of duty was the direct and primary cause of the fatal accident and your loved one's death.
- Damages: The death resulted in specific, identifiable damages, such as lost income, medical bills, and loss of companionship, for the surviving family members.
A Seattle wrongful death accident lawyer meticulously gathers evidence to build a strong case that proves each of these elements.
The Role of a Seattle Wrongful Death Accident Lawyer in Your Case
When you are grieving, the thought of collecting evidence and negotiating with insurance companies is unbearable. A wrongful death lawyer steps in to handle every aspect of the legal claim, providing you with the space and time you need to mourn.
- A Thorough Investigation: Your legal team will gather all relevant evidence. This includes police reports, witness statements, accident scene photos, vehicle data recorder information, and any available video footage. For complex cases, they may hire accident reconstructionists to determine exactly how the incident occurred.
- Identifying All Liable Parties: Sometimes, more than one person or entity is at fault. For example, in a truck accident, the driver, the trucking company, and even the vehicle manufacturer could share responsibility. A lawyer works to identify every party that contributed to the accident.
- Managing All Communications: Your lawyer will handle all correspondence and negotiations with insurance companies and the at-fault party's attorneys. This protects your family from the stress of these interactions and from tactics designed to minimize your claim.
By managing the entire legal process, from filing the initial claim to fighting for a just settlement, your lawyer ensures your family's rights are protected at every turn.
Types of Compensation Available for Your Family
No legal action can reverse what happened. However, the law provides a way for families to seek financial stability and a sense of justice. The compensation, or damages, available in a wrongful death claim is intended to cover the wide range of losses a family endures.
- Damages for the Estate: Some compensation is paid to the deceased's estate to cover costs it incurred. This could include medical bills from attempts to save their life, as well as funeral and burial expenses.
- Damages for the Beneficiaries: The majority of the compensation goes to the surviving family members for their personal losses. This acknowledges the direct impact the death has had on their lives.
These damages are typically categorized as economic and non-economic, reflecting the different types of losses your family has experienced.
Economic Damages
Economic damages represent the measurable financial contributions your loved one would have provided to the family. They are calculated based on tangible evidence and projections.
- Loss of financial support: This is the income your loved one would have earned and contributed to the household throughout their expected lifetime.
- Loss of services: This compensates for the value of the services your loved one provided, such as childcare, home maintenance, cooking, and household management.
- Loss of inheritance: This is the amount the beneficiaries could have reasonably expected to inherit had the deceased lived a full life.
- Medical and funeral expenses: The direct costs associated with the final injury and burial.
Non-Economic Damages
Non-economic damages compensate for the immense emotional and personal losses that do not have a clear price tag. These are often the most significant part of a wrongful death claim, as they acknowledge the human cost of the tragedy.
- Loss of consortium: This is for the surviving spouse or domestic partner for the loss of love, companionship, comfort, and society.
- Loss of companionship and parent-child relationship: This compensates children for the loss of their parent's love, care, guidance, and nurturing. Parents may also have a claim for the loss of their child.
- Sorrow and mental anguish: This acknowledges the profound grief, emotional pain, and suffering experienced by the surviving family members.
A dedicated Seattle wrongful death accident lawyer works with financial professionals and other professionals to accurately calculate the full scope of both your economic and non-economic damages to present a comprehensive demand for compensation.
Why Choose Pendergast Law?
In the wake of a devastating loss, choosing a law firm is a decision that requires trust and confidence. At Pendergast Law, we understand the immense responsibility we take on when a family entrusts us with their wrongful death case.
Our entire practice is built on supporting our clients through their most difficult moments. We combine compassionate counsel with resolute advocacy to pursue the best possible outcome for your family.
- Deeply Committed to Our Clients: We know you are not a case number. You are a family going through the worst experience of your lives. We take the time to listen to your story, understand your loss, and learn about the loved one you are mourning. This personal connection fuels our commitment to your case.
- A Record of Holding Negligent Parties Accountable: Our firm has a history of successfully handling complex and serious injury and death cases. We are not intimidated by large insurance corporations or their legal teams. We prepare every case for the possibility of trial, signaling to the opposition that we are serious about achieving a just result for your family.
- Contingency Fee Representation: Your family should not have to worry about legal fees while grieving. We handle wrongful death cases on a contingency fee basis. This means you owe us nothing unless we recover compensation for you. Our fee is a percentage of the final settlement or award, so our success is directly tied to your success.
We are here to provide the support and legal strength your family needs to navigate this process. We will handle the legal fight so you can focus on one another.
Frequently Asked Questions in Wrongful Death Cases
It is completely normal for your family to have countless questions as you navigate this unfamiliar territory. Below are some answers to common concerns we hear from families in Seattle.
How long does a wrongful death lawsuit take?
The timeline for a wrongful death case varies greatly depending on the complexity of the circumstances. Some cases may be resolved through a settlement in a matter of months, while others may take a year or more, especially if a trial becomes necessary.
What is the difference between a wrongful death and a survival action?
In Washington, these are two distinct but related claims that are often brought together. A wrongful death claim compensates the family members for their own losses. A survival action is brought by the estate to recover damages that the deceased person themselves would have been able to claim if they had survived.
How long do we have to file a wrongful death claim in Washington?
The state of Washington has a law called the statute of limitations that sets a strict deadline for filing a lawsuit. For wrongful death claims, the lawsuit must generally be filed within three years of the date of death.
A Path Toward Accountability
Your family has been forced onto a path you never chose. The grief is a journey of its own, and the legal process adds another layer of complexity. Pursuing a wrongful death claim is about more than just money.
It is about honoring the memory of your loved one by holding the responsible parties accountable for their actions. It is about seeking a measure of justice and ensuring your family has the resources needed to face the future.
You do not have to face the legal system alone. The team at Pendergast Law is here to stand with you. We will manage the legal burdens so you can focus on what matters most: your family.
- We invite you to reach out for a compassionate and confidential consultation at no cost to you.
- We can discuss the fatal accident, whether it happened on Aurora Avenue North or in your own neighborhood.
- Our purpose is to provide you with clear answers and a path forward.
Your family deserves a dedicated advocate who will fight for you with integrity and determination. Contact Pendergast Law today at (206) 620-0707 or fill out the form on our contact page at https://www.pendergastlaw.com/contact-us/.
Let us help you seek the justice your loved one deserves.