Wrongful Death
In Washington, RCW 4.20.010 provides for a cause of action in the event of a wrongful death. When the death of a person is caused by the wrongful act, neglect or the fault of another, his or her personal representative may maintain an action for damages against a person causing the death.
RCW 4.20.020 entitles all beneficiaries to join in a wrongful death claim on behalf of the estate of the deceased. The action shall be for the benefit of a wife, husband, child or children, including step-children of persons who death shall have been so caused. If there is not a wife, husband or child, a wrongful death action may still be maintained for the benefit of parents, sisters or brothers, providing each are dependant upon the deceased person for support and who are residents within the United States at the time of the death.
Over the years, we have had many inquiries regarding bringing a wrongful death claim for the loss of a minor child for whom parents were not "dependant" on for support. "Dependant upon" for support means that either through financial means or other labor efforts, the surviving sibling or parent is being supported in some way by the deceased child or sibling. In such a situation, a wrongful death case may be maintained.
RCW 4.20.046 provides for the right to bring a "survival action" by the personal representative on behalf of the deceased for the recovery of damages for the pre-death conscious pain and suffering, anxiety, emotional distress and humiliation.
Our firm has handled many wrongful death claims for families over the years which involve the death of a minor child, a parent, or a sibling. Typically these claims involve not only personal injuries but economic claims on behalf of the estate of the deceased. For example, in any wrongful death claim, the estate is entitled to recover the future economic loss, meaning future wages reduced to present value and other potential earnings of the deceased reduced to present value. Medical bills and wage loss incurred prior to the death after the commission of a tort are also recoverable. We would be happy to discuss with you any potential wrongful death and survival claim which you believe you have. Feel free to e-mail us on the Internet for either a free consultation over the web, over the telephone , or in person at our office, your home/or in the hospital.
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