When someone dies because of another person’s actions, it can leave families coping with shock and inconsolable loss while trying to stay afloat financially. The burden of a wrongful death can hurt every part of a family’s life.
Each state has laws establishing which family members may seek compensation after a wrongful death. If you lost a close family member due to someone else’s negligence, an experienced wrongful death attorney can explain your rights, evaluate your potential claim, and help you rebuild your life by fighting for the compensation you deserve.
Understanding Wrongful Death
A wrongful death happens when someone dies because another person or company did something wrong or careless. A wrongful death is more than just an accident. It’s when someone’s actions or lack of care directly leads to another person dying.
It can happen in many different ways. For example, if a texting driver crashes into another car, killing the other driver, that can constitute a wrongful death. The texting driver did something careless that led to someone dying.
When a wrongful death happens, it leaves families in a very tough spot. They lost someone they love, and often that person might have been the one who earned money for the family. Now, the family has to deal with their grief, plus all the costs that come with losing someone. They may need to pay huge medical bills from trying to save the person’s life. There’s also the cost of a funeral.
But it’s not just about money. Families also lose the love and support that person would have given them if they were still alive. Kids might lose a parent who would have helped them grow up. A husband or wife loses their partner in life. These losses are hard to put a price on, but they’re real, and they matter.
That’s why the law allows some family members to ask for money when a wrongful death happens. This money, called compensation, pays for damages and makes up for some of what the family has lost. It can’t bring the person back, but it can help the family keep going without them.
The idea behind wrongful death laws is to hold people and companies responsible when they do something that leads to someone dying. It’s a way to ensure they’re more careful in the future and help the families left behind.
Understanding wrongful death helps families know when they might have a case. If someone dies in an accident, it’s not always a wrongful death. But if the accident happened because someone else was negligent or was doing something they shouldn’t have done, then it might result in a wrongful death case.
This is where a wrongful death lawyer comes in. They know all about these cases and can help families figure out if what happened to their loved one counts as a wrongful death. If it does, the lawyer can help the family ask for money to help them deal with their loss.
Wrongful death cases often involve complex legal issues. Sometimes, it’s clear what happened, but other times, it takes a lot of digging to find out the truth. That’s another reason why you need a wrongful death attorney. They know how to look into what happened and find proof that someone else caused the death.
Who Can File?
Each state has rules about who can file a wrongful death suit. But usually, it’s the closest family members who can do this. Let’s look at who can file:
Spouse
In most places, the husband or wife of the person who died can file a wrongful death suit. They often have the first right to do this. Spouses usually depend on each other for money and support, so the law tries to help them when one dies unfairly.
Children
Kids of the person who died can also usually file a wrongful death suit. It includes adult children, too, not just young kids. They might ask for money to replace what a parent would have given them if they were still alive.
Parents
If a child dies, even if they’re an adult, their parents can file a wrongful death suit. This is especially true if the parents depend on their child for support.
Siblings
In some states, brothers and sisters can file a wrongful death suit if their sibling dies. But this isn’t as common as spouses, children, or parents filing.
Other Family Members
Sometimes, grandparents, aunts, uncles, or other family members can file. It usually only happens if there are no closer family members or if they were very close to the person who died.
Estate Representative
In some cases, the person in charge of the dead person’s stuff (called the estate) can file the suit. This person is often named in a will or chosen by the court.
Why a Wrongful Death Lawyer Matters
Dealing with a death in the family is hard enough. Trying to understand all the laws makes it even harder. That’s where a wrongful death attorney comes in. They know all about these cases and can help families through the tough times.
A wrongful death lawyer can determine who has the right to file the suit. They know the laws in your state and can tell you if you can demand money. The court can throw out the whole case if the wrong person files.
These lawyers also know how to find out what happened. They can look at police reports, talk to witnesses, and work with experts to show how the death happened. It helps prove that someone else was at fault.
Wrongful death attorneys also know how to figure out how much money to ask for.
They think about things like:
- How much money the dead person would have made if they lived
- Medical bills from before the person died
- Funeral costs
- The pain and suffering of the family
- The loss of the dead person’s love and support
This can be a lot of math and guessing about the future. A good lawyer knows how to do this in a fair way that makes sense to the court.
Types of Accidents in Wrongful Death Cases
Wrongful death can happen in many ways. Let’s look at some common types of accidents that might lead to a wrongful death suit:
Car Crashes
Car accidents are a big cause of wrongful deaths. These can include crashes between cars or trucks, motorcycles, or even pedestrians. A wrongful death lawyer can figure out fault for the crash. Car crashes that result in fatalities include:
Distracted Driving
When drivers don’t pay attention, they can cause deadly crashes. It includes texting while driving, which is like driving the length of a football field with your eyes closed. A wrongful death attorney can help show that the driver wasn’t paying attention.
Drunk or Drugged Driving
Driving while drunk or on drugs is against the law and very dangerous. If someone dies because of an impaired driver, their family might have a solid wrongful death case.
Drowsy Driving
Driving while very tired can be as bad as drunk driving. If someone falls asleep at the wheel and causes a deadly crash, they might be responsible for a wrongful death.
Speeding and Aggressive Driving
Drivers who go too fast or drive aggressively put everyone at risk. If they cause a crash that kills someone, a wrongful death lawyer can help hold them responsible.
Rear-End and Head-On Collisions
These types of crashes can be severe. Head-on collisions are often deadly. If someone dies in one of these crashes, their family might have a wrongful death case.
Motorcycle Accidents
Motorcycle riders are more likely to get badly hurt or die in crashes. If a rider dies in a motorcycle accident because of someone else’s mistake, their family might have a wrongful death case.
Pedestrian and Bicycle Accidents
People walking or riding bikes don’t have much protection in a crash. If a car hits a pedestrian or bicyclist and they die, it might result in a wrongful death case.
Truck Accidents
A 3,000-pound car is no match for a fully loaded 80,000 tractor-trailer. Accidents between passenger vehicles and commercial trucks are some of the deadliest traffic accidents in Seattle or any other area.
Premises Liability Accidents
When Seattle property owners fail to keep their properties safe for lawful visitors, deadly accidents and crimes can result.
What a Wrongful Death Lawyer Does
A wrongful death lawyer does a lot to help families after a tragedy. Here are some of the main things they do:
Figure Out Who’s Responsible
A wrongful death attorney will determine who you can hold responsible, whether it’s one person, a company, or even different people or groups.
Deal with Insurance Companies
Insurance companies often try to pay as little as possible. A wrongful death lawyer knows how to talk to them and fight for fair payment. They can handle all the back-and-forth so the family doesn’t have to.
File the Lawsuit
The lawyer can file a lawsuit if the insurance company doesn’t pay enough. They know all the rules about how to do this right and when it needs to be done.
Gather Evidence
To win a case, you need proof. A wrongful death lawyer knows what evidence to look for and how to get it.
It might include:
- Photos of the accident scene
- Expert opinions
- Medical records
- Witness statements
Calculate Damages
Figuring out how much money to ask for is tricky. A wrongful death lawyer knows how to add up all the costs and losses.
They think about things like:
- Lost income the dead person would have earned
- Medical bills
- Funeral costs
- Pain and suffering of the family
- Loss of the dead person’s help and support
Negotiate a Settlement
Many wrongful death cases end with a settlement instead of a trial. A good lawyer knows how to negotiate for the best possible deal. They’ll fight to get the family enough money to cover all their losses.
Go to Trial if Needed
If the case can’t settle, a wrongful death lawyer will take it to trial. They know how to present the case to a judge and jury clearly and convincingly.
Support the Family
Families often find wrongful death cases difficult. A good lawyer will explain everything and help the family understand their choices. They provide support during a very tough time.
When to Call a Wrongful Death Lawyer
If you lost a loved one, talk to a wrongful death lawyer soon. Here’s why:
Evidence Can Disappear
The sooner a lawyer can start looking into what happened, the better. Evidence like skid marks on a road or witness memories can fade quickly.
Time Limits
Statutes of limitations tell you how long you have to file a wrongful death suit. If you wait too long, you might lose your chance to file.
Insurance Companies Act Fast
Insurance companies often try to settle before you know the full extent of your losses. A lawyer can make sure you don’t accept less than you deserve.
Peace of Mind
Dealing with a lawsuit while grieving is hard. Having a lawyer handle your claim can give you peace of mind and let you focus on your family.
Getting Medical Records
A lawyer can obtain medical records related to the death and explain their meaning.
Talking to the Right People
A wrongful death lawyer knows who to talk to about the case. Police, doctors, or experts can prove what happened.
Help You Understand Your Rights
A lawyer can explain your rights and help you understand what to expect.
Avoid Costly Mistakes
It’s easy to make mistakes when dealing with a wrongful death case. Saying the wrong thing to an insurance company or missing a deadline can hurt your case. A lawyer can help avoid these problems.
Getting Fair Treatment
Insurance companies and big businesses have lawyers looking out for them. Having your lawyer means someone is fighting for your rights, too.
Handling Paperwork
There’s a lot of paperwork in a wrongful death case. A lawyer can handle this for you, completing everything correctly and on time.
Don’t Wait to Get Help From a Wrongful Death Lawyer
The pain of losing a loved one to an act of negligence can not be overstated and should never be undervalued. While no amount of money can compensate for such a loss, a wrongful death claim can provide financial security and a sense of justice. Fair compensation allows you space to grieve and provides the resources you need to rebuild your life as best as you can.
Call Ye Law today at (253) 946-0577 if you’ve lost someone you love. Chong Ye, a trusted personal injury lawyer, provides not only award-winning legal representation but also a compassionate commitment to his clients and their needs.
