How Do You Prove Wrongful Death?

When we examine the wrongful death statutes in Washington, we can see that a wrongful death occurs as a result of the “wrongful act, neglect, or default of another” (Wash. Rev. Code § 4.20.010 (2021). However, if the beneficiaries and the estate of the deceased wish to recover compensation for this untimely loss, they have to actually prove that the death was “wrongful.” Here, we want to discuss how to prove wrongful death in Washington. 

Is a Wrongful Death Claim Appropriate?

When we examine the wrongful death law in Washington state, we can see that in order for a death to be considered wrongful, it must have been “caused by the wrongful act, neglect, or default of another person.” 

Wrongful death claims can arise in a wide variety of ways throughout Washington. This can include deaths that result from a car accident, commercial truck accident, pedestrian or bicycle accident, motorcycle accident, premises liability incident, defective product incident, an act of violence, and other possible incidents resulting from the negligence of another. 

The Elements of Negligent for a Wrongful Death Claim

Determining whether or not a death was wrongful involves proving the four elements of negligence:

1. Duty. An attorney will first work to show that a duty of care was established between the victim and the alleged negligent party (the defendant). A duty of care will look vastly different depending on the circumstances surrounding the wrongful death. For example, vehicle accident claims will center around whether or not one driver upheld their duty of care on the roadway. This includes the duty to ensure the safe operation of their vehicle. However, a duty of care will look different for a property owner who has a responsibility to ensure the safety of their premises for guests. Every wrongful death situation will need to be thoroughly examined to determine whether or not there was a duty of care present.
2. Breach. After establishing that there was a duty of care between the wrongful death victim and the defendant, it must be shown that the defendant somehow breached their duty of care. For example, a driver could breach their duty of care by operating while impaired or distracted. A property owner could breach their duty of care by failing to adequately maintain their premises.
3. Causation. After showing that a breach of duty occurred, it must be shown that the breach is what directly caused the injuries that led to the wrongful death. After establishing that the breach of duty occurred and gathering the evidence to show as much, proving causation is not terribly difficult. However, if there were any mitigating circumstances or outside factors, causation could be challenging to show.
4. Damages. Lastly, it must be proven that there has been some sort of monetary loss on the part of the plaintiff, which would be the surviving family members or the estate of the wrongful death victim. This can include lost wages, pain and suffering damages, loss of consortium, funeral and burial expenses, etc.

It is crucial to work with a skilled Seattle wrongful death lawyer who has experience handling complex injury and death claims. These cases can become immensely challenging, but an attorney will handle every aspect of the claim on behalf of their client.