subject: What to Know About Washington Wrongful Death [print this page] What to Know About Washington Wrongful Death
There are two different kinds of wrongful death claims in the state of Washington, but they allow for a major loophole that needs to be fixed. Having worked on wrongful death cases over my entire career, I have seen the current system prevent family members of a wrongful death victim from seeing the justice they deserve. The two types of claims are "general" claims and "survivor" claims. Unfortunately, these claims leave a gap that negatively affects certain parents of wrongful death victims. Before I get into the specifics of who this loophole affects, here is a broad overview of the two types of wrongful death claims:General wrongful death claims: This type of claim may be brought by the beneficiaries of the person who passed away. Typically, this can include the wrongful death victim's spouse, children and in some cases, the parents. These claims are meant to cover damages for people that were financially dependent on the person who was killed. Parents with children younger than 18-years-old can bring about a general claim, however, once that child turns 18 years old, they can no longer do so unless they are financial dependent on that child. Emotional dependence is not enough to warrant this type of claim. This is meant to protect the people that were related to the decedent and relied on them financially. The details of each and every wrongful death case are very important to whether or not you can bring about a general claim. Talking to a highly skilled wrongful death lawyer in person is the most effective method to evaluate which course of action you should take.Survivor wrongful death claims: Survivor claims can 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. The way this works is that someone can be appointed as the personal representative for the decedent's estate, and recover damages that would've been claimed had the decedent survived.One of the biggest problems with our current system is that parents whose kid is 18 or older cannot file a general wrongful death claim. I believe it is absolutely unfair that the person responsible for the death does not have to be held responsible for the emotional toll that their actions caused on the family in cases like these. A survivor claim can still be brought for young adults who do not have any dependents, but in the case of the parents of an 18 year old, this is not justice by any means.If you believe that a loved one's death was the result of the negligence of someone else, then you should contact an experienced wrongful death attorney once you are emotionally prepared to consider taking legal action. Every case will have circumstances that make it unique, and only by consulting with an attorney can you figure out the best course of action to take.
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