Damages Recoverable in a Wrongful Death Lawsuit

When a loved one passes away due to the negligent or intentional actions of another, families are left not only with emotional trauma but also with significant financial burdens. In Washington, a wrongful death lawsuit offers a path for families to seek compensation for these losses. If you're dealing with such a situation, having a knowledgeable wrongful death attorney on your side is critical. Jeffrey S. Floyd & Associates, PLLC, based in Washington, understands the complexities involved and can help you navigate the legal process to recover the compensation you deserve.

A wrongful death lawsuit is a civil claim filed by the survivors of the deceased against the person or entity legally responsible for the death. Washington state law allows certain individuals—typically spouses, children, or parents of the deceased—to file such claims. The purpose of the lawsuit is to hold the negligent party accountable and provide financial relief to the surviving family members.

To ensure your case is as strong as possible, hiring an experienced wrongful death lawyer is vital. Not only will they handle the intricacies of your case, but they’ll also work to ensure you recover the maximum amount in damages.

When it comes to wrongful death claims in Washington, the law permits recovery of both economic and non-economic damages. Here’s a breakdown of the most common types of damages recoverable:

1. Economic Damages: Economic damages are measurable, financial losses that result from the death of a loved one. These may include:

• Medical Expenses: Any medical treatment or hospitalization that occurred before the death can be compensated. This might involve bills for surgeries, treatments, or emergency services directly related to the fatal incident.
• Funeral and Burial Costs: Funeral expenses can place an additional financial strain on families. A wrongful death lawsuit typically covers these costs, ensuring that families aren’t burdened with the cost of laying their loved one to rest.
• Lost Wages and Financial Support: One of the most significant financial impacts of a wrongful death is the loss of the deceased's future income. In Washington, families can recover the wages the deceased would have earned had they lived. This can include not only salary but also benefits like health insurance and retirement contributions.

A wrongful death law firm will work with financial experts to calculate the full scope of these losses. For example, if the deceased was the primary earner, families may be eligible to recover the projected future income based on their career trajectory.

2. Non-Economic Damages: Non-economic damages are intended to compensate for the more abstract, emotional suffering that families endure following a wrongful death. These damages can be more subjective but are no less important.

• Loss of Consortium: In legal terms, "loss of consortium" refers to the deprivation of the companionship and affection a spouse or partner provides. Surviving spouses often suffer significantly from the absence of emotional support and intimacy, and this can be compensated in a wrongful death case.
• Pain and Suffering: Surviving family members may also be compensated for the emotional distress and mental anguish caused by the death of a loved one. This includes both the grief experienced and any psychological trauma.
• Loss of Parental Guidance: If the deceased was a parent, surviving children may seek compensation for the loss of parental guidance, nurturing, and support. This is particularly important in cases where the deceased had young or dependent children.
• Loss of Enjoyment of Life: Family members may be compensated for the impact the death has on their overall quality of life. Losing a close relative can significantly alter a person’s emotional well-being and sense of purpose, and these intangible losses are acknowledged in a wrongful death claim.
  

Washington's wrongful death laws are unique and somewhat restrictive compared to other states. For example, only certain individuals—such as the deceased’s spouse, children, or parents—are eligible to file a wrongful death lawsuit. If the deceased did not have a spouse or children, the law allows parents or siblings to file, but only under specific conditions.

Furthermore, the state places a statute of limitations on wrongful death lawsuits, meaning claims must be filed within three years of the date of death. Missing this deadline could result in forfeiting the right to pursue compensation.

The outcome of a wrongful death lawsuit often hinges on the expertise and strategy of your legal representation. A seasoned wrongful death law firm will have the experience to navigate Washington’s legal system, gather the necessary evidence, and advocate fiercely on your behalf.

Attorneys at Jeffrey S. Floyd & Associates, PLLC have decades of experience handling wrongful death cases across Washington. They understand the emotional and financial toll such tragedies take on families and work tirelessly to ensure you receive the maximum compensation available.

Important Considerations

• Proving Negligence: To win a wrongful death case, your attorney will need to prove that the defendant’s negligence caused the death. This often involves gathering police reports, witness testimony, expert opinions, and medical records.
• Valuing Your Claim: One of the most critical tasks of a wrongful death lawyer is determining the value of your claim. This includes assessing economic damages, such as lost wages, and non-economic damages, like emotional suffering.
• Trial vs. Settlement: Many wrongful death cases settle outside of court, but if the settlement offer isn’t fair, your attorney may recommend taking the case to trial. A skilled wrongful death lawyer will prepare your case for either outcome.
  

The death of a loved one is a life-changing event, and when that death is caused by someone else's negligence, the pain is compounded. While no amount of money can bring your loved one back, recovering damages through a wrongful death lawsuit can ease some of the financial burdens and hold the responsible party accountable.

Jeffrey S. Floyd & Associates, PLLC is dedicated to helping families in Washington navigate these difficult times. With an experienced team of wrongful death attorneys, they are committed to seeking justice for your loved one and obtaining the compensation your family deserves.

If you've lost a loved one due to negligence, don't wait to seek justice. Contact the experienced wrongful death attorneys at Jeffrey S. Floyd & Associates, PLLC today for a free consultation and find out how we can help you recover the compensation your family is entitled to.

Sources:

Washington State Wrongful Death Law Overview

Types of Damages in Wrongful Death Cases

Washington State's Wrongful Death Statutes