A Complete Guide to File a Wrongful Death Claim in Seattle

Life is unpredictable and can take unexpected turns. Sometimes, those turns result in the loss of someone’s life. However, there are laws to protect you from financial burdens caused due to your loved one’s wrongful death.

Losing a family member due to someone else’s negligence can leave you feeling shattered. The sorrow can be devastating and overwhelming at the same time. In such emotional circumstances, financial burdens in cities like Seattle can be a big issue. Families often seek help from a Seattle personal injury lawyer to understand the possibilities of claiming compensation for a wrongful death. Even though a claim in the court can’t return the one you loved, it can take some of the financial burden away.

What is Wrongful Death?

Wrongful death happens due to someone else’s negligence and oversight. For example, when a drunk driver, a faulty product, or medical incompetence caused the death of your loved one. In that case, you can file a lawsuit for wrongful death. You can claim compensation for the damages caused by this loss. Washington state has a wrongful death statute that allows some surviving family members to file a civil lawsuit against the person or entity responsible for the death of their family members.

Who Can File a Wrongful Death Claim in Seattle?

Under Washington law, only certain surviving family members can file a wrongful death claim. These include:

• The spouse of the deceased
• The children of the deceased
• The parents of the deceased, if the deceased was not married and had no children
• Immediate family members
• Representatives of the deceased’s estate

Who Can Be Sued?

A wrongful death lawsuit can be filed against any person or entity whose negligence, oversight, or wrongful act caused the death of your family member. This could be:

• Individuals, such as drivers, property owners, or product manufacturers
• Companies
• Government agencies
• Medical professionals
• Employers

Steps to Filing a Claim in Seattle

Filing a wrongful death claim can be a complex process. The following is the step-by-step process of how it works:

1. Gather Evidence

The first step is gathering as much evidence as possible to support your claim. This evidence could include:

• The police report from the accident or incident that caused your family member’s death
• Medical records documenting the person’s injuries and death
• Eyewitness statements
• Expert witness testimony, such as from an accident reconstructionist or medical professional
• Financial documents like lost wages, medical bills, and funeral expenses.

2. Identify the Liable Parties

Once you have all the evidence, you need to identify the person or entity that may be liable for your loss. You might also have to consult an experienced lawyer to help you out. Identify both economic and non-economic damages as well. While economic damages can be loss of financial support, medical expenses, or funeral costs, non-economic damages can be emotional stress, loss of companionship, mental suffering, etc.

3. File a Lawsuit

Now, you need to file a wrongful death lawsuit in the appropriate court. In Seattle, these lawsuits are usually filed in King County Superior Court. Some paperwork will be involved when filing the lawsuit. An experienced lawyer can help you with all the required documents and make sure they are completed accurately within the deadline.

4. Discovery

After the lawsuit is filed, both parties will engage in discovery. The process includes depositions, interrogations, and document requests. An experienced lawyer will have a thorough understanding of the facts to build a strong case around the accident. They will adequately handle the pre-trial proceedings, such as motions and hearings.

5. Negotiation

Most wrongful death claims are settled before going to trial. Your lawyer will negotiate with the insurance company or attorney for the defendant to try to reach a settlement. They will pursue litigation in court if a fair settlement cannot be reached.

6. Trial

Your case will go to trial if a settlement can not be reached during the pre-trial or negotiation period. At trial, a jury will decide if the defendant is liable for your loss and, if so, what damages you can recover from them.

Types of Damages You Can Recover

In a wrongful death claim, you will be able to recover damages for:

• Medical expenses incurred by the deceased before their death
• Funeral and burial expenses
• Lost income the deceased would have earned if they had not died
• Loss of companionship and guidance
• Loss of inheritance

Do You Need to Hire a Lawyer to File Your Claim?

Wrongful death claims have intricate procedures associated with them. So, it’s highly recommended that you hire a lawyer to represent you. A lawyer with prior experience handling similar cases can help you gather evidence, identify the liable party, file your lawsuit, negotiate a settlement, and take your case to trial if necessary.

Some tips for finding the right lawyer for your case:

• Ask for recommendations from friends, family, or other trusted sources
• Check online reviews of different lawyers in your area
• Schedule consultation with different lawyers to discuss your case
• Ask about their experience in handling similar cases and their fee structure

Seeking Closure and Moving Forward

Losing a family member or someone you love is a devastating experience. The emotional toll is immense when the death is caused by someone else’s fault. While filing a wrongful death claim may seem disheartening, it can be a way to hold the responsible party accountable and recover some of the financial security that you have lost. Seek grief counseling or support groups if you struggle to tackle this difficult situation.