The Process of Filing a Wrongful Death Claim

Losing a loved one due to someone else's negligence is one of the most devastating experiences a family can endure. While no legal action can bring them back, filing a wrongful death claim can help alleviate some of the financial and emotional burdens associated with the loss. This process, however, can be complex and overwhelming. With the guidance of an experienced Wrongful Death Attorney, such as those at Jeffrey S. Floyd & Associates, PLLC, Washington families can navigate the legal system to seek the justice and compensation they deserve.

A wrongful death claim is a civil lawsuit brought by the survivors of a person who died as a result of another party’s negligent or wrongful actions. Common causes include medical malpractice, car accidents, workplace incidents, or intentional acts like assault. In Washington, wrongful death laws are designed to compensate the surviving family for their emotional and financial losses.

In a wrongful death case, the plaintiff must prove that the defendant’s actions or negligence caused the death. This can be a complicated legal process, which is why it’s essential to work with a Wrongful Death Lawyer who can build a strong case and ensure you meet all legal requirements.

Washington law outlines specific family members who are eligible to file a wrongful death claim.

These include:

• The deceased person’s spouse or domestic partner
• The deceased person’s children or stepchildren
• If there is no spouse, domestic partner, or children, the claim can be filed by the deceased person’s parents or siblings.
  

1. Establishing Legal Standing: Before filing a claim, it’s essential to confirm that you have the legal standing to pursue a wrongful death lawsuit. As mentioned, this generally includes immediate family members. However, in certain cases, others may be entitled to file, such as parents or siblings. Establishing standing early in the process is critical, as it will determine whether your claim can move forward.

2. Investigating the Case: Once standing is confirmed, the next step is to investigate the cause of death. This involves gathering evidence to establish that the defendant’s negligent or reckless actions directly caused the death of your loved one. Your attorney will collect police reports, medical records, witness testimonies, and, if necessary, expert opinions. In Washington, the burden of proof lies with the plaintiff, meaning it’s crucial to have thorough and compelling evidence.

3. Establishing Liability: The success of a wrongful death claim depends on proving the defendant’s liability. To do this, your attorney must show that the defendant had a duty of care towards the deceased, that this duty was breached, and that the breach caused the death. For example, in a car accident, the defendant may have breached their duty by driving recklessly or while intoxicated, leading to a fatal collision. This is a complex legal standard, but a skilled Wrongful Death Lawyer will know how to navigate these legal hurdles.

4. Filing the Claim: After liability is established, your Wrongful Death Attorney will file the lawsuit in the appropriate court. In Washington, the statute of limitations for wrongful death claims is three years from the date of death. Failing to file within this timeframe can result in the case being dismissed, and you would lose your right to seek compensation.

5. Settlement Negotiations or Trial: Many wrongful death cases in Washington are resolved through settlements. In these situations, your attorney will negotiate with the defendant’s legal team or insurance company to reach a fair settlement that compensates your family for medical bills, funeral expenses, lost income, and emotional suffering. If a settlement cannot be reached, the case may proceed to trial, where your lawyer will present the evidence to a judge or jury.

A wrongful death claim seeks to provide financial relief to the surviving family members. The compensation, also known as damages, typically falls into two categories:



• Economic Damages: These include tangible losses such as medical expenses, funeral and burial costs, and lost wages or future financial support that the deceased would have provided. For instance, if the deceased was the primary breadwinner, their future earnings would be calculated and included in the compensation.
• Non-Economic Damages: These include intangible losses like pain and suffering, loss of companionship, and emotional distress. These damages are more subjective, but they are equally important in reflecting the deep emotional impact of the loss.

In rare cases, punitive damages may be awarded if the defendant’s actions were particularly egregious, such as in cases of intentional harm or gross negligence.

Navigating a wrongful death claim on your own can be an overwhelming and emotionally taxing process, especially while coping with the grief of losing a loved one. This is where the support of an experienced Wrongful Death Law Firm, such as Jeffrey S. Floyd & Associates, PLLC, becomes invaluable. Your attorney will handle every aspect of the case, from gathering evidence to negotiating with insurance companies and representing you in court if necessary.

One of the key benefits of working with a dedicated Wrongful Death Lawyer is their knowledge of Washington’s legal system. Laws vary by state, and Washington’s wrongful death statutes have specific requirements and timeframes that must be followed. Your attorney will ensure that your case is filed correctly and within the appropriate deadlines.

At Jeffrey S. Floyd & Associates, PLLC, we understand that no legal outcome can replace the loss of a loved one. However, we are committed to helping Washington families seek justice and secure financial compensation to ease the burdens they face. With decades of experience in wrongful death cases, our attorneys will provide the compassion and expertise you need during this difficult time.

If you have lost a loved one due to someone else’s negligence, don’t wait to take action. Contact us today for a free consultation, and let us help you navigate the legal process and fight for the justice your family deserves.

If you’ve lost a loved one due to someone else’s negligence, you don’t have to navigate this difficult time alone. Reach out to Jeffrey S. Floyd & Associates, PLLC for a free consultation and let our compassionate Wrongful Death Attorneys help you pursue the justice and compensation your family deserves.


References:

WTSC Motorcyclist Data​

WSDOT Crash Data Portal​

Ladenburg Law - Motorcycle Crash Statistics​

Mid-Columbia Insurance - Motorcycle Fatalities​