Wrongful Death Lawyer

If your loved one passed away due to another person’s negligent or intentional act, you might be entitled to recover the proceeds of a wrongful death action. These civil lawsuits are designed to hold the responsible party accountable, whether or not they are ultimately charged with a crime. A wrongful death lawyer can investigate your case and advise you on your legal options.

Common Types of Wrongful Death Claims

Wrongful death cases arise in many different circumstances, but they share one common factor: the preventable death of a loved one due to negligence. Motor vehicle accidents are among the most frequent causes, whether from reckless driving, impaired driving, or failure to obey traffic laws.

Medical malpractice is another common cause of wrongful death. Doctors who make delayed or incorrect diagnoses can doom their patients to an avoidable illness that might have been otherwise treatable if caught in time. Some other common examples of wrongful death claims involve:

• Falls
• Defective product injuries
• Workplace accidents
• Violent assaults

Any of these scenarios could lead to a viable case for compensation.

Who Can File a Wrongful Death Suit in Washington State

Washington law establishes clear rules about who may bring a wrongful death claim. The right to file typically begins with the personal representative of the deceased’s estate, who brings the claim on behalf of surviving family members. This is different from many other jurisdictions that allow surviving family members to file the lawsuit on their own.

Spouses, state-registered domestic partners, and children are the primary beneficiaries of successful wrongful death claims. If the deceased did not have a spouse or children, parents or siblings may have the right to pursue the case.

Who Can File a Wrongful Death Suit in California

In California, spouses, domestic partners, and children of the deceased have the primary right to file a wrongful death claim. These individuals are given the highest priority because of their close relationship with the decedent. If there is no surviving spouse, domestic partner, or children, the deceased’s parents may file a wrongful death claim. If the decedent did not have a surviving spouse, registered domestic partner, children, or parents, or heirs (individuals who would have inherited from the decedent under California intestacy laws) who were financially dependent upon the deceden, theyt may be eligible to file a claim. 

Time Limits on Wrongful Death Claims

Just like with personal injury lawsuits, there is a deadline that applies to every wrongful death action. State law generally provides a plaintiff with a three-year window to file their suit. The deadline—commonly called the statute of limitations—is strictly enforced by the courts. 

In Washington, this three (3) year window usually starts to count down on the date of a person’s passing. 

In California, a wrongful death claim must be filed within two (2) years from the date of death. 

It is important to note that this date could be different from the day the fatal accident or injury occurred. A person who lives for a few days after sustaining a devastating injury before passing away will have a statute of limitations tied to the date of their passing, not when they were initially injured.

Any failure to comply with the statute of limitations can lead to a worst-case scenario for a person’s surviving heirs. Not only will the court dismiss the suit with prejudice, but it will also permanently bar any future compensation claims as well.

Reach out to Axion Law Group to Discuss a Wrongful Death Claim

From managing the statute of limitations to pursuing legal action, it is vital to have a wrongful death lawyer by your side. Reach out today for a private consultation.