Wrongful Death Lawsuit: What you need to know

A wrongful death lawsuit is a type of personal injury claim that is made when a person is killed as a result of another party’s negligence or intentional act. A lawsuit is meant to help the grieving family cope with the financial and emotional loss of their loved one.

What parties are involved in a wrongful death lawsuit?

A wrongful death lawsuit involves the deceased person’s estate and the party who is legally liable for the death. The wrongful death claim is usually filed by a representative of the estate of the deceased person on behalf of the surviving family members and any other affected parties.

See who can file a wrongful death lawsuit in WA State for more information.

When is the death of a person a wrongful death?

A death is a wrongful death when the person was killed as a result of negligence or an intentional harmful act. These are scenarios that would have been personal injury cases had they resulted in injury rather than death. Wrongful death can occur in several ways including medical malpractice, a car accident or an assault. When a person dies because of medical malpractice it can be for several reasons, including:

• Failure to diagnose
• Failure to order tests
• Prescription drug errors
• Failure to provide adequate care

What must be proven in a wrongful death lawsuit?

A successful wrongful death lawsuit will prove all of the following:

• that the defendant owed the victim a duty of care;
• that the defendant breached this duty;
• that the breach of duty was a direct cause of the death;
• and that the death caused the damages the plaintiff is trying to recover.

What are wrongful death damages?

Damages in a wrongful death lawsuit fall under two categories: the wrongful death claim is the claims of the spouse and the decedent’s children, while the survival claim covers any pain and suffering or lost lifetime wages of the decedents. The damages that may be awarded in a wrongful death case include all categories of losses attributed to the death for which a survivor might be able to receive compensation. They include:

• A survival claim for the deceased person’s pre-death pain and suffering and loss of deceased person’s expected future income
• Medical expenses incurred by the deceased person associated with the injury before they died
• Funeral and burial costs
• Value of the services that the deceased would have provided
• Loss of inheritance because of the death
• Loss of love and companionship
• Loss of nurturing, care and guidance
• Loss of consortium

What is my wrongful death lawsuit worth?

The value of your wrongful death lawsuit will vary based on several factors including the type of claim being filed, who the defendant is and the value of the economic and non-economic losses suffered by the family. For example, the value of lost wages will vary widely depending on the victim’s career prior to death. Likewise, if the defendant is a Fortune 500 company the lawsuit may be worth more than if the defendant is a private doctor.

If you believe that you lost a parent our spouse due to wrongful death, contact an experienced wrongful death attorney today.

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.