Wrongful Death

The loss of a loved one is a painful and difficult human experience. If the family member's death is due to the negligent or careless conduct of someone, the loss is even more tragic and senseless. Unpaid medical and funeral expenses, lost income and despair can all interfere with a family's ability to cope and to heal from a significant loss.

Although the loss of life can never be replaced, we can help you receive compensation for the financial and emotional losses your family has suffered.

Surviving Spouses and Children of Those that Die Due to Negligent and Careless Conduct

Washington's wrongful death statute (laws made by State legislature) allows for compensation to the wife, husband and children (legal beneficiaries) for monetary losses and loss of consortium (companionship, love, affection) due to the death of their family member. The claim for these damages is made by the personal representative (person appointed by the probate court) to handle the decedent's affairs and estate.

In addition, the decedent also has a claim against the persons or companies responsible for his or her death. These are legal claims brought under Washington's general survival statute for damages (compensation for losses). These claims are also brought by the decedent's personal representative for designated statutory beneficiaries which can include parents, sisters and brothers if they were financially dependent upon the decedent for support.

Wrongful Death Damages

Recovery by the person's estate and beneficiaries can include the following:

• General damages for pain, suffering, anxiety, emotional distress and humiliation suffered by the decedent;
• Past health care and funeral expenses;
• Loss of earnings;
• Loss of consortium to surviving spouse; and
• Children's loss of consortium.

Be advised that other recoverable damages may exist, as well as other persons who are entitled to recover under these laws. This is a complex area of law that requires special skill and a thorough review of your case and its unique facts to determine all legal claims and appropriate damages.

Some Relevant Laws

Wrongful death statute, RCW 4.20.020 (RCW stands for the Revised Code of Washington, our statutes); general survival statute, RCW 4.20.046; Parris v. Jones, 44 Wn.App. 449 (1986)(damages recoverable); Survivability of Noneconomic Damages for Tortious Death in Washington, 21 Seattle Univ.L.R. 625 (Winter 1998).

What You Need to Know

• Insurance companies and corporations who may be financially responsible for your family member's death will begin to work against you and your claim immediately.
• Consulting with an attorney early in the process can ensure your rights are protected and the evidence to support your claim is preserved.

What You Should Do

• Have an experienced attorney review any paperwork you are asked to sign, BEFORE you sign it;
• Do not allow insurance company or corporate agents to visit with you or the home of the lost family member;
• Refuse to give statements to insurance companies or agents of the person or company who caused your family member's death;
• Determine and locate whether the decedent had a Will;
• Discover all insurance policies or death benefits that are available to you; and contact my offices for a further information and a confidential consultation.

Taking Action to Protect Your Rights

If you or someone you know in the Seattle area or anywhere within Washington State needs legal representation or the trusted legal advice of an experienced personal injury lawyer, contact Kenneth Selander, Jr. today at 1-866-681-0002, or complete the contact form provided on this site to begin your free consultation with a skilled Seattle injury attorney.

WHAT YOU NEED TO KNOW

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