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What is Wrongful Death?

wrongful death claim

A death may be classified as a wrongful death when a person dies or is killed due to the negligence or misconduct (intent to cause harm) of another person. The person accused of negligence or misconduct may be a medical professional or even a murderer. The surviving members of the victim may sue for wrongful death to re-coup losses for conscious pain and suffering, expenses incurred prior to the decedent’s death and future lost earnings. Damage awards belong to the inheritors of the victim’s estate.

A suit for wrongful death may only be brought by the personal representative of the decedent’s estate. Every state has a civil “wrongful death statute” – or set of statutes – that establish the procedures for bringing wrongful death actions.

What elements are required to bring a wrongful death lawsuit?

All of the following three elements must be present to claim a wrongful death suit:

  1. The death of a human being caused by another’s negligence or with intent to cause harm
  2. The survival of one or more family members who are suffering pecuniary/financial/monetary injury as a result of the death
  3. The appointment of a personal representative for the decedent’s estate

What circumstances can cause wrongful death?

The following circumstances are examples of possible causes of wrongful death:

  • Medical malpractice that causes death
  • An accident caused by another person that results in death
  • Workplace exposure to hazardous conditions or substances that results in death
  • Criminal behavior that causes death
  • Death during a supervised activity

Damages in a wrongful death lawsuit

Wrongful death action damages are meant to replace pecuniary/financial/monetary losses including the loss of support, services, lost prospect of inheritance, and medical and funeral expenses. Most state laws provide that damages awarded for wrongful death shall be “fair and just compensation” for the pecuniary injuries that resulted from the decedent’s death. Wrongful death lawyers may bring in expert witnesses to establish the value of the decedent to his or her family but ultimately, “fair and just compensation” is determined by a jury and finalized by the courts after careful analysis of the age, character and condition of the decedent, his/her earning capacity, life expectancy, health and intelligence, as well as the circumstances of the distributees including their age and current earning capacity. Funeral and/or medical expenses may also be included in the award if they were paid for by the distributees. Wrongful death damages also include interest from the date of the decedent’s death.

Note that punitive damages which allow for an additional award for particularly egregious behavior are not allowed in Washington State.

The Seattle personal injury attorneys at Morrow Kidman Tinker Macey-Cushman, PLLC have years of experience representing families harmed by medical malpractice. We seek justice for patients who have been harmed by preventable medical errors including birth injuries, hospital-acquired infections and wrongful death in Seattle and across Washington State. There are no fees or expenses to file a personal injury case as we only receive payment if we recover damages on your behalf. Do not delay; personal injury claims come with a Statute of Limitations, which means they must be filed within a certain time frame of the injury.

Call us now at (206) 752-4366 or contact us online to schedule a free consultation with one of our compassionate, experienced attorneys.