A wrongful death case is the term used to describe a death caused by the negligent or intentional actions of another, such as fatal car accidents or other fatal injury accidents. In Washington State, there are different types of wrongful death claims. A general wrongful death claim is the type of claim that can be brought by the surviving spouse or beneficiaries of an individual who passed away. Typically, the executor or personal representative of the estate of the deceased person represents his surviving spouse and/or children beneficiaries, to recover compensation for the loss of their spouse or parent. The parents of a child under the age of 18 can also bring a wrongful death claim for the loss of their child, but if the child is over the age of 18, then a parent would have to show they are financially dependent on that child in order to have a wrongful death claim under this general wrongful death claim statutes. A brother or sister of the deceased person could also bring a wrongful death claim if they are financially dependent on the decedent.
Another type of wrongful death claim is the survivor wrongful death claim, which allows the executor or personal representative of the decedent’s estate to bring an action for the pain and suffering of the deceased person that occurred prior to their death, and for lost earnings, including the present value of the estimated future earnings of the deceased person during their life expectancy had the death not occurred, and medical expenses incurred.
These wrongful death claims also include individual claims by the surviving spouse and beneficiaries for “loss of consortium,” which includes the loss of emotional support, love, affection, care, service, companionship, as well as assistance expected from the deceased person.
Experienced attorneys at Deno Millikan Law Firm, PLLC are available to meet with you for a free initial consultation to discuss your wrongful death claims. DM accepts wrongful death claims on a contingency fee basis. In other words, we will not charge you for our services unless you receive a settlement or trial judgment for your claims.