Wrongful
Death Information and Recovery
A wrongful death lawsuit
alleges that the decedent was killed as a result
of the negligence (or other liability) on the part
of the defendants,’ and that the surviving
dependents or beneficiaries are entitled to monetary
damages as a result of the defendants’ conduct.
Individual states
have passed “wrongful death statutes”
over the years, and some form of wrongful death
claim action exists in all state jurisdictions today.
While they all follow some general principles, each
state jurisdiction is unique, since each state has
drafted its own form of “wrongful death statute.”
In Washington, a
wrongful death claim against the negligent party
is generally initiated by or on behalf of the spouse,
children or family of the decedent; however in some
unique situations, someone other than the deceased’s
immediate family may be entitled to recover damages
if they relied upon the deceased for support.
What types of money damages can I recover?
Medical Expenses –
All costs incurred for health care should be repaid
to you including ambulance bills, hospital bills
and charges for surgical, medical or chiropractic
care.
Funeral Expenses –
You are entitled to a sum of money that will enable
you to pay for your loved one’s internment
Lost Future Earning
Capacity – The deceased person’s estate
is entitled to a sum of money to compensate for
the lost capacity to earn income in the future.
General Damages for
Pain and Suffering – The claimant may be entitled
to be compensated in dollars for pain and suffering.
An experienced attorney can help to assess the dollar
amount of the loss based on their experience in
other similar wrongful death cases as well as their
understanding of the local justice system.
An action for wrongful death must
be brought within three years of the decedent’s
death. RCW
4.16.080
Wrongful
Death - Right of Action
When the death of a person is
caused by the wrongful act, neglect or default of
another his personal representative may maintain
an action for damages against the person causing
the death; and although the death shall have been
caused under such circumstances as amount, in law,
to a felony.
RCW 4.20.010
Wrongful
Death - Beneficiaries of Action
Every such action shall be for
the benefit of the wife, husband, child or children,
including stepchildren, of the person whose death
shall have been so caused. If there be no wife or
husband or such child or children, such action may
be maintained for the benefit of the parents, sisters
or brothers, who may be dependent upon the deceased
person for support, and who are resident within
the United States at the time of his death.
In every such action the jury
may give such damages as, under all circumstances
of the case, may to them seem just. RCW
4.20.020
Do Both Spouses Have a
Separate Claim for the Wrongful Death of Their Child?
What about in the case of Divorce?
A right of action authorizing
recovery for the wrongful death of a child creates
a substantive right of recovery running to both
parents, even if the parents are married, not married,
not living together, or separated. According to
RCW
4.24.010,
a mother or father, who has regularly contributed
to the support of his or her minor child, and the
mother or both, of a child on whom either, or both,
are dependent for support may maintain or join as
a party an action as plaintiff for the injury or
death of the child. If the parents of the child
are not married, are separated, or not married to
each other, damages may be awarded to each plaintiff
separately, as the jury finds just and equitable.
In order to bring a wrongful death action for a
divorced or unmarried parent, certain notice requirements
are to be maintained by the attorney, including
serving a copy of the complaint upon the other parent.
The other parent must join as a party to the suit
within twenty days or the right to recover damages
under this section is barred.
Is the Contributory Fault
of one Spouse imputed to the other in a wrongful
death action?
What happens if one parent
is contributorily negligent for the death of a child,
such as when the parent is the driver of the car
and the child is killed in an automobile accident?
Is this contributory negligence imputed to the spouse
who was not driving? According to RCW
4.22.020, the contributory fault of one
spouse shall not be imputed to the other spouse
or the minor child of the spouse to dimish recovery
in an action by the other spouse or the minor child
of the spouse, or his or her legal representative,
to recover damages caused by fault resulting in
death or in injury to the person or property, whether
separate or community, of the spouse.
Please
contact one of the attorneys for Reinig & Barber
to discuss your case. You can be confident that
you are selecting attorneys that will respond to
your concerns and maximize your settlement potential.
Disclaimer: The personal injury, medical malpractice,
dental negligence, birth injury, traumatic brain injury,
negligence, wrongful death, product liability, accident,
crop loss or other legal information presented at
this site should not be construed to be formal legal
advice, nor the formation of a lawyer or attorney-client
relationship. Any results set forth here were dependent
on the facts of that particular case and the results
will differ from case to case. Feel free to contact
a medical malpractice lawyer, personal injury attorney,
or agriculture law specialist at our office in Kennewick,
Washington. This web site is not intended to solicit
clients for matters outside of the State of Washington.
Reinig
& Barber
