There are many different types of personal injury lawsuits pursued in Washington every year. Some people initiate basic injury lawsuits after a car crash or a premises liability incident. They seek to hold another party directly accountable for causing them injury and secondary economic losses.
Other times, the person directly harmed by one party’s negligence or misconduct isn’t able to take legal action because they died. Washington state law authorizes wrongful death lawsuits as a subset of personal injury litigation. The personal representative of the deceased person’s estate can file a lawsuit seeking compensation for the estate and dependent family members.
What are the requirements for a viable wrongful death lawsuit in Washington?
Evidence of fault
One of the most important factors in any wrongful death lawsuit in Washington is evidence that an individual or business is responsible for the death that occurred. Washington law allows for wrongful death lawsuits in scenarios involving defaults, such as a failure to follow through on contractual obligations, neglect and intentional misconduct.
The amount of evidence required is lower than what is necessary for criminal prosecution. Civil claims in Washington require that a preponderance of the evidence supports the claim that one party is at fault for someone else’s death. If more evidence than not supports the claims of the plaintiff, it may be possible to hold a business or individual accountable for causing a preventable death.
Proof of economic consequences
Technically, wrongful death lawsuits in Washington can lead to the recovery of both economic and non-economic losses. In other words, it is possible to seek economic losses such as lost wages, hospital bills, property damage expenses and funeral costs. Families can also request compensation for non-economic losses including the suffering of the deceased before their passing.
Economic losses tend to contribute more than non-economic losses to the total value of a wrongful death lawsuit. The personal representative of the estate seeking compensation that they can later distribute to the appropriate parties must have evidence of the direct financial impact the passing has had on surviving family members.
Those struggling with grief and adjusting to life after the loss of a loved one may have a difficult time handling a complex legal matter. Securing the right support can improve the chances of success when pursuing a wrongful death lawsuit. A successful lawsuit may give families a sense of closure and can potentially minimize the financial impact of their loved one’s death.