Special Compensation Available for Wrongful Death

Posted Friday, February 12, 2021 by Chris Thayer

When someone you love dies unexpectedly and someone or some company is responsible for causing that death, the pain and anger can be overwhelming. There are many immediate frustrations and complex emotions, and people often feel as though there is little they can do. Some feel helpless or overwhelmed, while others may simply be furious. In the meantime, however, as the clock ticks, those responsible often spend countless hours working to hide evidence and build a defense in anticipation of a possible claim. Wrongful death cases are especially complex and require more skill and strategy than a typical injury case. But for those who can prove that negligence caused the death, special compensation may be available.

*Understanding Wrongful Death*A wrongful death claim can be related to a fatal car crash, motorcycle collision, trucking accident, deadly fall, or even medical negligence. Whatever the cause, if negligence is the culprit, the family of the decedent can seek compensation. The important thing to consider is to whom the claim actually belongs. Unlike an asset of the deceased individual’s estate, a wrongful death claim technically ‘belongs’ to the surviving heirs. In Washington, the representative of the estate can bring the case, but the damages associated with wrongful death are typically based on the losses and injuries to the survivors, more so than the deceased. Here are just a few examples.

*Loss of Society*Under RCW 4.20.010, Washington State law provides that surviving heirs and beneficiaries can recover for economic and noneconomic damages caused by the death of the decedent. One such damage is loss of society. This is monetary compensation for the loss of love, affection, and relationship. When someone you love dearly is taken from you unexpectedly, there is an emotional and hedonic loss that is hard to put into strong context. This is frequently the intangible, yet very real loss that is compensated.

*Loss of Income*When someone dies while in their working years, their loss of income is often an enormous loss, not just for their immediate family, but also for their heirs. Consider the effect on a family when the patriarch dies. If the breadwinner of a family dies, this can lead to long term financial devastation that can alter the course of the family’s success for decades.

*Medical Expenses*Many deaths are not immediate. Instead, they involve lengthy and very expensive medical treatment. The surviving family should not be left to pay those bills, and those debts should not be left to deplete their estate and inheritances to heirs. For these reasons, medical bills are often one of the more significant driving factors behind a settlement or verdict.

*Funeral Expenses*The decedent’s final medical bills and funeral expenses may also be sought. This means that any out-of-pocket costs associated with a funeral, cemetery, burial, or ceremony might be covered.

*Pain and Suffering*When a person is killed by someone else’s negligence, there are various types of claims that can be brought along with the wrongful death action, including a survival claim. This is an action that “survives” the death of the individual. A survival claim can be used to collect compensation for physical and emotional pain and suffering experienced by the decedent prior to death.

*How to Achieve Maximum Compensation*If you lost someone you love due to someone else’s carelessness, there is really only one way to fight for compensation. You will need to make sure you take action and contact an experienced Seattle wrongful death lawyer to make sure you meet the statute of limitations. You must file a lawsuit within the deadline, or your rights will be forever barred. In most cases, that deadline is just three years from the date of the death in Washington. But do not wait that long. There are unique situations that can potentially shorten that time period. So take action now. Call Pivotal Law Group today. The call is free, and you pay nothing unless your attorney is able to collect compensation for you.