WRONGFUL DEATH CLAIMS
Wrongful Death in Washington, RCW 4.20.010, provides for a cause of action in the event of a wrongful death of a family member and loved one. 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 or entity which is responsible for causing the death of another. The lawsuit may be filed on behalf of all beneficiaries providing they are statutory beneficiaries and have a right to recover compensation under our statute in Washington.
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 dependent 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 an adult child. Washington statute requires that a parent can only recover for the death of an adult child, one 18 years of age or older, if they are “dependent” on the deceased child for support. “Dependent 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.
Rob Kornfeld handles wrongful death claims in the areas of medical malpractice, construction, maritime, motor vehicle collisions, nursing home and other areas where a wrongful death is caused by another’s negligence.
Example of a recent case:
WRONGFUL DEATH AND ELECTRICAL BURN- $2,225,000 settlement
Rob Kornfeld of Kornfeld, Trudell, Bowen and Lingenbrink, PLCC successfully represented the estate of an deceased cable installer & his surviving wife and two children and a surviving coworker in a contentious multiparty litigated matter which settled on the first day of trial, October 11, 2010.
Rob is happy to discuss your case with you and your family. Contact Rob directly or call 1 (800) 282-4878 to discuss your situation in the utmost of privacy and sensitivity or to schedule a free consultation or case evaluation over the telephone, by e-mail or in person at a convenient location for you, either at our main office, a satellite meeting location, in your home or at the hospital.
Author: Rob Kornfeld