When a person or entity’s negligence causes someone’s death, the surviving family of the deceased can file a wrongful death claim to seek compensation for the loss. A personal representative or a close family member might file the claim.
Seattle, the biggest and most populated city in Washington State, is home to over 800,000 people. Its economic and cultural significance, paired with the greenery and good residential neighborhoods, makes it a favored spot for many.
However, if a person were to die because of someone else’s negligence, a Seattle wrongful death lawyer can guide them through the process.
Let’s discuss how this process works in more detail.
How Does a Wrongful Death Claim Work?
In Washington State, Seattle, families use a representative to file a wrongful death claim to cover financial damages such as burial costs and emotional pain resulting from the loss. These claims are civil actions and are filed separately from criminal charges.
The law regarding Seattle’s wrongful death claim was updated in 2019 to allow more family members to benefit from these claims. This means that more relatives of the deceased can seek justice even if they did not financially depend on that person.
What is the Process of Filing a Wrongful Death Claim?
Establish Legal Grounds
Before being compensated, you need to prove that the other person did not follow the law, such as talking on a phone while driving, which is strictly prohibited under the Seattle Municipal Code, RCW 46.61.672.
Gather Evidence
Collect as much evidence as you can. Your lawyer can help you with this.
Evidence includes:
- Photos and videos from the accident scene showing how the death happened.
- Medical documents showing the cause of death.
- Witness statements.
Proof that the other party has a record of being careless when driving.
Understand the Time Limitations
According to RCW 4.16.080, you have up to 3 years to file a claim.
List Emotional and Financial Damages
You also need to show how the death of your loved one has affected your family. These are facts, such as:
- The yearly salary of your loved one.
- How much your loved one would have earned in the years to come.
- Funeral and medical expenses.
- If a family member witnessed the death, how much it affected them.
- What your loved one’s companionship meant to you.
Hire a Lawyer
Dealing with the loss of a loved one can be an overwhelming experience, let alone having to deal with the legal process of seeking compensation. A qualified lawyer can help you:
- Collect evidence
- Advise on what to avoid so as not to lose the case
- File expert witnesses
- Represent you in court
- Negotiate compensation
What Should Families Know?
Although many might feel they should file a claim, not everyone can. The deceased’s personal representative is often appointed to bring the claim. This can be the spouse, child, or an appointed person.
The beneficiaries are classed into two groups:
- Primary beneficiaries: Surviving spouse, domestic partner, children, and stepchildren.
- Secondary beneficiaries: Parents and siblings, even if they don’t depend financially on the deceased.
If the first class of beneficiaries is not available, the second-level beneficiaries can file a claim. A Seattle wrongful death lawyer can help you determine who can file a claim and help you appoint the right representative.
Summary
- A wrongful death claim is a legal process to get compensation for financial loss and emotional pain of surviving family members.
- A lawyer can help you determine who can file a claim and how the process works.
- Beneficiaries include the spouse, children, stepchildren, parents, and siblings.
- The family must prove that the death was caused by someone who did not follow the law.
- Wrongful death claims are civil actions separate from criminal charges.
