subject: Washington State Wrongful Death Claims: A Guide [print this page] Washington State Wrongful Death Claims: A Guide
In Washington State, there are two different types of wrongful death claims, and a significant loophole in the process that should be resolved. As a Seattle personal injury lawyer, I have handled wrongful death cases all through my career, and believe that there has to be a change in the system to achieve the justice our legal system strives to attain. The two kinds of claims are classified as a "general" claim and a "survivor" claim. Unfortunately, due to the restrictions of the general claim, there are circumstances in which the person who caused the wrongful death can get away basically for nothing. Here is a broad summary of the two claims:General wrongful death claims: This kind of claim may be brought by the beneficiaries of the individual who passed away. Typically, this may include the decedent's children, spouse, and under some conditions, the parents. The purpose of this type of claim is to protect those that were financially dependent on the decedent. Parents who lose a child younger than 18-years-old to wrongful death can file a general wrongful death claim, however, once that child turns 18 years old, they can no longer do so unless they are financial dependent on that child. Although some family members may feel emotionally dependant on the wrongful death victim, that is not enough to warrant a claim under Washington law. The facts of each and every wrongful death case are very important to whether or not you can bring about a general claim. As much information as I try to give through articles like these, I always strongly suggest that people talk to a skilled Bellevue wrongful death lawyer in person before figuring out which course of action to take.Survivor wrongful death claims: Survivor claims may be brought about if the decedent doesn't have a spouse or any dependents. This allows the wrongful death victim to have their day in court and seek damages for the pain and suffering for their injuries that the accident caused prior to their death, as though they had lived through the event. If a loved one of yours has died and no family member can file a general claim, you can get the court to appoint a personal representative to the decedent's estate. The focus of these cases is on the victim of the wrongful death and what they went through before death, rather than the surviving family.I believe that there is a substantial loophole in the system because parents of children that are older than 18 cannot file a general claim if their child is killed due to someone else's negligence, unless the parents can prove substantial dependence on the deceased child. As a parent myself, I know that there is a strong bond that will not go away the day the child turns 18. A survivor claim can still be brought for young adults who do not have any statutory dependents, but the person whose actions caused the death gets away with lessened repercussions.It is very important to contact an experienced Seattle wrongful death attorney as soon as you are emotionally prepared to do so if you believe that a loved one's death was the result of someone else's negligence. Every case has unique factors that require individual analysis.
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