Wrongful death cases are among the most emotionally challenging legal matters, as they involve the loss of a loved one due to someone else’s negligence or wrongful actions. Pursuing a wrongful death lawsuit can help grieving family members seek justice and hold responsible parties accountable for their actions. If you have lost a loved one in a wrongful death incident, consult with our experienced Edmonds wrongful death attorney at the Snohomish County Injury Attorney, who can guide you through the legal process, help you understand your rights, and assist you in pursuing the compensation and justice your loved one deserves. If you are in Washington and are considering a wrongful death claim, call our qualified wrongful death attorney at (360) 965-8251. It is the first step in the legal process to seek justice and hold those responsible accountable for their actions.
Most Common Causes of Wrongful Death
Wrongful death cases can arise from various circumstances, but some of the most common causes of wrongful death include:
- Car Accidents: Traffic accidents, including car, motorcycle, and truck accidents, are a leading cause of wrongful death. Negligent driving, speeding, drunk driving, and other factors contribute to fatal crashes.
- Medical Malpractice: Medical errors, misdiagnoses, surgical mistakes, and other forms of medical malpractice can result in wrongful death.
- Workplace Accidents: Fatal workplace accidents can occur in industries such as construction, manufacturing, and transportation. Negligence, inadequate safety measures, or equipment failure can lead to fatal incidents.
- Premises Liability: Slip and fall accidents, inadequate security, and other hazardous conditions on someone else’s property can lead to wrongful death if negligence is proven.
- Defective Products: Products with design or manufacturing defects can lead to fatalities. This includes defective vehicles, appliances, medical devices, and more.
- Criminal Acts: Homicides and fatal assaults result from criminal actions. The responsible party may face criminal charges and civil liability through a wrongful death lawsuit.
- Nursing Home Neglect or Abuse: Neglect and abuse in nursing homes can lead to severe injuries or fatalities among elderly residents.
- Drowning Accidents: Drowning incidents can occur in swimming pools, natural bodies of water, or other recreational settings.
- Electrocution or Burns: Fatalities due to electrical accidents or burns can result from unsafe premises, defective products, or workplace accidents.
Each wrongful death case is unique, and the specific circumstances surrounding the death will determine liability and the legal course of action. If you believe your loved one’s death was a result of negligence or wrongful actions, it is essential to consult with an experienced wrongful death attorney at the Snohomish County Injury Attorney to understand your rights and seek justice on behalf of your loved one.
Who Can File A Wrongful Death Case?
The eligibility to file a wrongful death case typically depends on the specific laws and regulations of the jurisdiction where the incident occurred. However, in most jurisdictions, the following parties are typically allowed to file a wrongful death case:
- Immediate Family Members
- Domestic or Life Partners
- Distant Family Members
- Personal Representatives
- Financial Dependents
It is essential to consult the laws and regulations in your jurisdiction to determine who has the legal standing to file a wrongful death claim. In many cases, there may be restrictions or limitations on who can file, and the eligibility criteria may vary from one jurisdiction to another.
If you believe you have a valid wrongful death claim, call our experienced wrongful death attorney at (360) 965-8251, who can provide guidance on your specific situation and help you navigate the legal process. Our attorneys can also help you determine who has the legal standing to file a claim and how to proceed to seek compensation for your losses.
Prove Liability in Wrongful Death Case
The individuals or entities that may be held liable for the wrongful death of a loved one can vary depending on the circumstances of the case. Wrongful death claims can arise from various situations, and potential liable parties may include:
Individuals
- Negligent Drivers: In cases involving fatal car accidents, motorcycle accidents, or pedestrian accidents, the driver responsible for the accident may be held liable.
- Medical Professionals: If medical malpractice leads to wrongful death, the responsible healthcare provider or facility could be held accountable.
- Property Owners: In slip and fall or premises liability cases, property owners may be liable if their negligence leads to fatal injuries.
- Product Manufacturers: When a defective product causes a fatal accident or injury, the manufacturer or distributor may be held responsible.
- Criminal Acts: If someone intentionally causes harm or engages in criminal activity, resulting in a death, they may be held criminally and civilly liable.
Employers or Businesses
- Employers can be held responsible for fatal workplace accidents if they fail to provide a safe working environment, adequate training, or safety equipment.
- Businesses may be held liable for wrongful death if their products, services, or premises were involved in the fatal incident due to negligence or failure to meet safety standards.
Government Entities
In cases involving accidents caused by government employees or due to hazardous road conditions, government entities may be held liable.
Property Owners
Property owners or managers may be held responsible for fatal accidents on their premises if they fail to address hazards or provide proper security.
Healthcare Facilities
Hospitals and healthcare facilities may be liable for wrongful death if inadequate care, negligence, or medical errors cause the fatality.
Manufacturers
Manufacturers, distributors, or sellers of defective products may be held accountable if the product caused a fatal accident or injury.
Criminal Defendants
Individuals responsible for criminal acts that lead to a wrongful death can face criminal charges and civil liability for their actions.
Determining liability in a wrongful death case requires a thorough investigation, evidence collection, and a legal analysis of the specific circumstances. Consulting with an experienced wrongful death attorney from the Snohomish County Injury Attorney is essential to identify and pursue the appropriate parties responsible for the wrongful death of your loved one. Our attorney, Kelby J. Derenick, can help you navigate the legal process and seek compensation for your losses.
What Is the Washington Wrongful Death Statute of Limitations
In Washington State, the statute of limitations for filing a wrongful death lawsuit is typically three years from the date of the deceased person’s death. This means that the lawsuit must be initiated within three years of the date when the person passed away due to the wrongful act, negligence, or fault of another party.
However, certain exceptions and nuances can affect the statute of limitations for wrongful death claims in Washington:
- Discovery Rule: In some cases, the three-year statute of limitations may not start running until the plaintiff discovers, or should have reasonably discovered, the cause of the wrongful death. This rule can be applied when the cause of death was not immediately evident or when the plaintiff could not have reasonably known about the wrongful act at the time of death.
- Tolling for Minors: If the person entitled to bring the wrongful death action is a minor (under 18), the statute of limitations may be tolled (paused) until they reach the age of 18.
- Government Entities: When a government entity is involved, there may be shorter time limits and notice requirements, making it crucial to consult with an attorney promptly.
It is essential to consult with an experienced wrongful death attorney to understand the specific circumstances of your case and the applicable statute of limitations. Failing to file a lawsuit within the statutory time frame can result in the loss of your right to seek compensation for the wrongful death of your loved one. An attorney can guide you through the legal process and ensure that your claim is filed within the necessary time constraints.
Call at (360) 965-8251 to Get a Free Consultation with Our Wrongful Death Lawyers
It’s essential to have compassionate legal support when dealing with wrongful death cases. Wrongful death claims can be emotionally and legally challenging, and it’s crucial to have experienced legal support during such difficult times. If you or someone you know has been affected by such a tragic event, don’t hesitate to call our Edmonds wrongful death attorney from the Snohomish County Injury Attorney at (360) 965-8251 for a free consultation.