Seattle Wrongful Death Attorney
The death of a loved one is an extremely difficult thing for a family to endure. Their death’s impact can be far-reaching and have many hidden consequences a family is not prepared to handle. Among these can be loss of income, emotional distress, and funeral/burial expenses. A Seattle wrongful death lawyer can help review your case and walk you through your legal options.
Why Choose a Seattle Wrongful Death Attorney From Elk & Elk?
While there are many firms around the greater Seattle area, Elk & Elk stands out above the rest. Our clients’ reviews of our services applaud our transparent form of communication and high success rates covering many different areas of law.
Our wrongful death attorneys in Seattle offer the following:
- Nation wide experience. Elk & Elk has decades of experience throughout Washington state and the country dealing with complex cases in many areas of law.
- Client focused. Our firm’s sole focus is getting your family as much possible compensation as possible. We are willing to do anything in our power to achieve this.
- Proven results. We have settled numerous multimillion-dollar settlements for our clients across Washington state.
- No out-of-pocket fees. Our Seattle personal injury law firm works on a complete contingency fee basis, meaning you will not have to pay any out-of-pocket fees until our lawyers win your case.
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- What Is Wrongful Death?
- Potential Compensation in a Seattle Wrongful Death Claim
- Who Can Sue For the Wrongful Death of a Loved One?
- Deadline to File a Wrongful Death Claim in Washington State
- How Long Do Wrongful Death Cases Take in Seattle?
- Examples of When Wrongful Death Can Occur
- Contact Our Seattle Wrongful Death Lawyer Today
What Constitutes Wrongful Death?
Under Washington state law, RCW 4.20.010, a wrongful death is when someone’s passing is caused by the negligence or wrongful action of another person. In this kind of lawsuit, the deceased’s personal representative may file a suit against the person who caused the death for various types of economic and non-economic damages.
Examples of When Wrongful Death Can Occur
There is a plethora of different kinds of accidents that could result in the death of an individual. This can include, but is not limited to, the following:
- Car accidents. Our Seattle car accidents lawyers understand that accidents are one of the most common ways to be involved in a fatal injury. With over 550 deaths as a result of car wrecks in Washington state every year, fatal automobile incidents are unfortunately quite common.
- Truck accidents. A truck driver negligently operating their vehicle can sometimes result in the death of an individual. The enormity and power of a truck makes it one of the deadliest types of accidents to be involved in.
- Motorcycle accidents. Motorcycles have high mortality rates as they are not vehicles with closed cabins like most other types of motorized vehicles on the road. A crash involving a motorcycle has a much higher chance of causing death than a traditional car versus car accident.
Bicycle accidents. Like motorcycles, bike riders are at a disadvantage with other types of vehicles on roadways. Finally, product liability cases involving faulty products are not uncommon. - Medical malpractice. Surgeons and other medical practitioners can make mistakes accidentally or knowingly perform malpractice upon a patient. Cases of medical malpractice can leave a patient with serious deformities or other health issues that they may have to deal with for the rest of their lives. If you or a loved one has been involved in a malpractice injury, contact our Seattle medical malpractice lawyers today.
- Workplace accidents and illnesses. In a time of worldwide pandemics, illness and injuries incurred in the workplace is gaining more recognition under the category of wrongful death. There are many potential examples of this such as falling and inadequate safety protocols that can lead to wrongful death.
Potential Compensation in a Seattle Wrongful Death Claim
Even though a wrongful death lawsuit must be filed by the personal representative of the deceased individual’s estate, any damages awarded are on behalf of the deceased’s surviving family members.
Our goal is to help grieving family members receive closure and the compensation they are entitled to so they can move forward. We work to recover both economic and non-economic damages on behalf of individuals filing a wrongful death lawsuit.
Economic Damages
Economic damages are intended to compensate for the quantifiable financial losses that the family of the deceased has incurred due to their loved one’s passing. These damages address specific, documented expenses and loss of income that can directly impact the surviving family’s financial well-being. Common examples of economic damages in wrongful death claims include:
- Medical bills of the deceased: Any medical expenses incurred from the time of the injury or illness up to the time of death, including hospital stays, surgeries, medications, and other treatments.
- Funeral and burial costs: The often significant expenses associated with a funeral, burial, or cremation, as well as any other related costs.
- Loss of financial support: Compensation for the income and financial contributions the deceased would have provided to the family over their lifetime. This loss is calculated based on the deceased’s age, occupation, income, and expected career progression.
- Lost household services: The value of services the deceased provided within the household, such as childcare, maintenance, and other domestic responsibilities that family members may now have to hire out or take on themselves.
These economic damages are calculated based on documentation and projections, offering surviving family members financial stability after their loss.
Non-Economic Damages
Non-economic damages, while not as easily quantified, are equally vital in addressing the emotional and personal losses suffered by the family. These damages are intended to compensate for the profound impact of the loss on the family’s emotional well-being and quality of life. Examples of non-economic damages include:
- Loss of companionship and consortium: Compensation for the loss of the deceased’s love, affection, and companionship, which can have a lasting effect on the surviving family members’ lives.
- Loss of care and guidance: Especially important for families with young children, this damage compensates for the loss of the deceased’s support, mentorship, and guidance.
- Emotional pain and suffering: Recognition of the grief, anguish, and emotional suffering experienced by the surviving family members as they cope with their loved one’s passing.
Non-economic damages acknowledge the depth of the family’s personal loss, offering some measure of support as they adjust to life without their loved one. Both economic and non-economic damages play a crucial role in helping families find closure and security after a wrongful death.
Who Can Sue For the Wrongful Death of a Loved One?
A Seattle wrongful death attorney is necessary when pursuing a wrongful death claim. Lawsuits such as these can be extremely complicated, as proven by the recent change in laws regarding what kind of damages can be pursued in a wrongful death claim.
- In Washington state, a loved one can now sue for “loss of love, relationship or companionship” – damages that were not able to be sued for in years’ past.
- Additionally, parents and siblings of the deceased no longer must be financially dependent on them.
- Despite this, children and registered domestic partners may have priority to sue over the parents and siblings depending on the case according to RCW 4.20.020.
When considering these factors and more, a wrongful death lawsuit can be incredibly complicated for someone inexperienced in civil law to undertake. A Seattle wrongful death attorney from Elk & Elk will do anything in their power to fight for your rights as a relative of someone who has passed away due to the negligent actions of another person.
What is the Deadline to File a Wrongful Death Claim in Washington State?
Family members and the estates of those who lose their life due to the negligence of others need to file their claims as soon as possible. In Washington, the wrongful death statute of limitations is generally three years from the date of death (Wash. Rev. Code § 4.16.080(2) (2021). However, there may be exceptions or specific circumstances that could affect the applicable statute of limitations in a particular case.
Insurance Deadlines Are Different
It is important to keep in mind that any insurance carriers involved with a wrongful death claim will likely have their own much shorter reporting deadlines in place. These cases are often resolved through settlements with insurance carriers, so we encourage you to investigate the insurance carrier filing deadlines and ensure the claim gets filed on time.
Your wrongful death lawyer in Seattle can walk you through this process and help ensure your claim is filed properly and within the required time frames for insurance carriers and for a civil wrongful death lawsuit.
How Long Do Wrongful Death Cases Take In Seattle?
The average time for a wrongful death suit to reach a resolution can vary widely. On average, these cases can take anywhere from one to three years, but again, this is a general estimate and can vary based on numerous factors.
Factors That Influence the Length of the Claim
The factors that can influence the duration of a wrongful death case include:
- Complexity: Cases with intricate legal or factual issues tend to take longer to resolve.
- Number of parties: Cases involving multiple defendants, plaintiffs, or parties can lead to more complicated negotiations and longer legal proceedings.
- Discovery: The time it takes to gather and exchange evidence, conduct depositions, and review documents can significantly impact the overall timeline.
- Settlement negotiations: If the parties are willing to negotiate and reach a settlement early on, the case could be resolved more quickly.
- Court schedule: The availability of court dates, the caseload of the specific court, and other scheduling considerations can influence the timeline.
- Appeals: If either party appeals the verdict or any part of the case, it can extend the timeline considerably.
- Case management: The efficiency and cooperation of the legal teams, as well as the judge’s management of the case, can affect how long it takes to move through the legal process.
- Expert witnesses: If expert witnesses are involved, their availability and preparation time can influence the timeline.
Our Promise To You – No Fees Unless You Win
Oftentimes, those seeking damages turn away legal representation as they are concerned about out-of-pocket fees. At Elk & Elk, this is not a worry as our Seattle wrongful death lawyers not only provide a free consultation to review your case but we also do not accept any money until you have received compensation from your suit. Our policies have proven popular and successful for all those we have represented across the country.
Our Wrongful Death Case Results
We are proud to represent injury victims in Seattle and across Washington with integrity and fierce dedication. Some notable settlements and verdicts we have secured on behalf of our clients include:
- $39,000,000 Settlement: A 41-year-old man struck by a vehicle and died while working in a construction zone. A jury awarded $19 million in compensation for wrongful death and $20 million in punitive damages. The jury found 60% fault with construction company, 30% fault of the driver of the vehicle, and 10% to the plaintiff. The case settled on an appeal filed.
- $2,761,228 Settlement: Plaintiffs were riding a motorcycle when the right rear axle broke. An auto parts store sold the defective part. The husband was killed and his wife was severely injured.
- $1,900,000 Settlement: The 39-year-old plaintiff was killed in a motor vehicle accident after the defendant went left of center.
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What Our Clients Have to Say
“I couldn’t have asked for a better team to represent my case…”
– Lori
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Contact Our Seattle Wrongful Death Lawyer Today
We are dedicated to your cause and want to hear about your wrongful death case. Call our wrongful death attorneys in Seattle at 1-844-ELK-WEST (1-844-355-9378) today or fill out our contact form. The first step can oftentimes be the hardest, but Elk & Elk is here to help you through every step of your case.