Wrongful Death
The loss of a loved one is one the most difficult experiences in life. It can be overwhelming when that loss is caused through the actions of another. A family can suffer long-term consequences from the senseless loss of a loved member. It is difficult to envision all the costs that may arise in the wake of tragedy. There are many unexpected costs that can occur, including large medical bills, funeral costs, loss income, loss support, loss of children or dependents, counseling for survivors, and other losses that may be difficult to quantify. An attorney can assist you with this process and help you hire experts to assess the family’s needs moving forward.
There are many reasons to file a wrongful death suit.Medical malpractice, workplace hazards, criminal behavior, or other causes could all lead to death.RCW 4.20.010 is the statute that governs wrongful-death cause of action
Wrongful Death–Right of Action
A person may sue for damages if they are the victims of the negligence, wrongful act or default of another person. The death must have occurred under the same circumstances as a felony.
If the death was due to the criminal acts of another, the plaintiff may wait until the end of the criminal trial or sentence (if a plea is entered), before seeking recovery. This is sometimes not necessary or advisable. In a civil case for wrongful deaths, the burden of proof is not as heavy as in a criminal case. In other words, a person can be found guilty in a civil case of wrongful death and found not guilty in a criminal case. This is the OJ Simpson case.
It is crucial that you speak with an attorney if your loved one’s death was caused by the negligence or intentional criminal acts of another. The statute of limitations governs how long you have to wait before filing civil actions such as wrongful deaths. These time limitations cannot be tolled by a long criminal case. It is crucial that you consult counsel in any case involving wrongful death. You should discuss your options and what your family might need long-term.