If you were injured in an accident, Washington law says that you can file a lawsuit against the at-fault party to receive compensation for any injuries. But what happens if an at-fault party negligently or recklessly kills someone in an accident? Can relatives of the deceased party file a lawsuit on that party’s behalf? Washington’s wrongful death laws say “yes.”
What is a Wrongful Death Suit?
Washington’s wrongful death laws grant certain people the right to file a lawsuit when a person dies due to another’s wrongful act. Normally, this act must have been committed negligently or recklessly in order for someone to have standing for a wrongful death claim. These claims can be brought by the personal representative of the victim’s estate or by eligible relatives.
Eligible relatives include:
- A spouse or registered domestic partner,
- Children or stepchildren, or
- Parents or siblings (in some cases).
What Can a Party Recover in These Cases?
A party bringing a wrongful death claim can try and recover certain damages from the person that caused the death. In particular, a party can receive compensation for:
- The victim’s medical bills (if the person bringing the suit paid for them),
- The victim’s funeral and burial expenses (if the person bringing the suit paid them),
- The victim’s pain and suffering,
- The victim’s lost earnings,
- Loss of property, and
- Loss of intangible benefits, such as care and companionship.
Can You File a Suit During a Criminal Trial?
In some wrongful death cases, the State of Washington files criminal charges against the person responsible for causing the accident. Consider, as an example, a drunk driver who killed another motorist while driving intoxicated. Here, a Washington prosecutor would likely file some type of manslaughter charge against the drunk motorist.
If this case goes to trial, you can still initiate a wrongful death lawsuit. The two cases are independent of one another. Further, there are times when you can even win on a wrongful death claim if a criminal court finds the at-fault party “not guilty” on the criminal matter.
How Can an Attorney Help?
These cases are often extremely complex. They may often involve evidence that requires an expert to explain it to a judge or jury. A personal injury attorney can file a suit on behalf of an estate or an eligible relative. Lawyers can also assist parties gather critical evidence and hire an expert if necessary. Further, experienced injury attorneys manage all aspects of a civil lawsuit. They can worry about tricky deadlines that might apply to a case and ensure they get met.
Contact Otorowski Morrow & Golden, PLLC
If a loved one was killed because of another person’s negligent or reckless act, please know that Otorowski Morrow & Golden, PLLC is here to help. Our attorneys provide free consultations to all our potential clients. Further, the attorneys at our law firm have over 120 years of combined experience in representing clients in wrongful death lawsuits. Do yourself a favor and contact them now for the quality legal assistance you deserve.