Understanding Wrongful Death Claims and Legal Options

Wrongful Death and Personal Injury Attorney

Having a loved one die as the result of an accident or injury is a traumatic event, one that has become unfortunately common for increasing numbers of families, both in Washington as well as throughout the United States. According to the Centers for Disease Control and Prevention (CDC), accidental and unintentional injury deaths have risen to become the fourth leading cause of death in our nation, affecting more than 130,000 people and their families each year.

The following are among the most common types of wrongful death cases reported by the CDC:

  • Motor vehicle accidents. These cases have been reported in 35.5 percent of accidental deaths, making them the most common type of death resulting from an accident.
  • Slip and Fall. These cases account for 16.7 percent of accidental deaths and account for 18.3 percent of accidental deaths among children under the age of 15.
  • Upholstery fire. This occurs in 13.2 percent of accidental deaths and accounts for 12.3 percent of accidental deaths among children under the age of 15.
  • Fire and explosions. These accounts account for 12.8 percent of accidental deaths and account for 10.3 percent of accidental deaths among children under the age of 15.

Wrongful death also refers to the death of an individual as the result of the negligence of another. These deaths are most commonly caused by accidents, but they can also be the result of malicious, negligent or reckless acts. If this has happened to you or someone you know, you may be eligible to pursue a claim so talk to your Personal Injury Attorney. There are many causes of wrongful death that can occur, and each one has unique aspects that must be considered when filing a claim.

Types of Damages Payable

The damages you may be able to recover following a wrongful death claim which will be explained by the Best Wrongful Death Lawyer include:

  • The wages or other financial support that the deceased earned while he or she was expected to work.
  • The replacement of the deceased’s lost income by the surviving spouse or a dependent, if any.
  • The replacement of the deceased’s future earning capacity by a dependent based on projections that are no longer viable based on the deceased’s actual future earning ability.
  • Medical and funeral expenses that would be associated with the deceased.
  • The loss of benefits that would be expected to accrue to the surviving spouse or a dependent based on actuarial tables.
  • The loss of benefits that would accrue to the deceased’s surviving spouse or a dependent based on assumptions of a past expectancy of the deceased’s earning capacity.
  • The loss of services that would accrue to the deceased’s spouse or a dependent that would have been expected based on actuarial tables and assumptions that no longer can be reasonably valued.
  • The loss of services that would accrue to the deceased’s dependent children that would have been expected based on actuarial tables and assumptions that no longer can be reasonably valued.
  • The loss of benefits that would accrue to the deceased’s surviving spouse or a dependent that would have been expected based on actuarial tables and assumptions that no longer can be reasonably valued.
  • The deceased’s estate will have the burden of proving the amount of the wrongful death claim. 

Wrongful death can occur in any number of ways and in a number of settings. It can occur when a person’s life expectancy is shortened, when the person is starved of needed care, when the person is subjected to harmful or traumatic treatments, or when the person is killed in a serious accident. Your Personal Injury Attorney can help you with your claims.

Common causes of wrongful death that can have an impact on the value of the claim include:

  • Decisions made by professionals who should have protected the person’s life but did not do so for various reasons.
  • The failure of physicians and other professionals to provide a person with necessary medical treatment for serious illnesses or diseases.
  • The decision to place a person in a position that was likely to cause serious harm or even death.
  • The failure of caregivers to protect the person from harm or even prevent the death of the person.
  •  Actions taken by third parties, such as businesses, that contributed to the death of the person.
  • The wrongful death of a person who died of natural causes.

If you have a query about your personal injury case that took place within Edmonds Washington, please reach the Personal Injury Lawyer for Free Consultation directly by calling our number at 206-447-1425.