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How Do You Prove Wrongful Death?

Colburn Law

Losing a loved one is a profound and devastating experience, especially when their death is due to someone else’s negligence or wrongful act. In these moments, seeking justice and accountability becomes a priority for many. Filing a wrongful death lawsuit is a path that many choose to take, holding the at-fault party financially liable for the loss of their loved one.

To embark on this legal journey, understanding how to prove a wrongful death case is essential. These lawsuits require the victim’s representation to prove that the death was directly caused by the defendant’s actions or negligence.

Washington’s Laws on Wrongful Death

In Washington state, wrongful death is defined as a death resulting from the wrongful act, neglect, or default of another. This can encompass a range of incidents, from negligence-based events like car accidents to intentional acts including crimes. A wrongful death claim is very similar to a personal injury lawsuit; the main difference is that the victim is no longer alive to represent themselves. Thus, a representative steps forward to pursue the case.

Under Washington law, this responsibility typically falls on the personal representative of the deceased’s estate, often designated in a will. If there is no will or the named person is unable to serve, the court can appoint someone to file the lawsuit instead. Although the personal representative initiates the legal action, the compensation in the lawsuit is awarded to the deceased’s survivors.

The statute of limitations sets a three-year deadline from the date of death to file a wrongful death lawsuit. Missing this deadline could result in the court refusing to hear the case, so it is important to initiate legal action with the help of a Seattle personal injury attorney as soon as possible.

The Elements of Negligence in a Wrongful Death Lawsuit

To prove negligence in a wrongful death lawsuit, the victim’s representatives must establish four key facts: duty of care, breach of duty, causation, and damages. These elements are crucial as they form the foundation of the case, demonstrating the defendant’s legal responsibility for the death.

Duty of Care

Duty of care refers to the obligations that a person or entity might hold to avoid causing harm to others. In wrongful death cases, the plaintiff must prove that the defendant owed a duty of care to the deceased. For instance, drivers must operate their vehicles safely to prevent harm to others on the road. Medical professionals have a duty to uphold the medical standard of care, and property owners are obligated to maintain safe premises.

Breach of Duty

After establishing a duty of care, the plaintiff must show that the defendant breached this duty through a wrongful act or failure to act. A breach occurs when the defendant fails to meet the standard of care expected of them, causing someone else to suffer harm. In the context of wrongful death, this might involve showing how a driver demonstrated reckless behavior on the road or how a doctor failed to order a diagnostic test that a competent and similarly trained physician would request.


Causation is the link between the breach of duty and the resulting death. The plaintiff must prove that the defendant’s actions (or inaction) directly caused the death of the victim. This often requires detailed evidence to establish a clear connection between the two events; examples include surveillance footage, police reports, and expert testimony.


Finally, the plaintiff must prove that the deceased’s family and estate suffered damages as a result of the defendant’s actions. Damages in a wrongful death lawsuit refer to the losses resulting from the death. These can include final medical expenses, funeral costs, lost income and benefits, as well as non-economic damages like pain and suffering and loss of companionship.

What Evidence Can Help Prove a Wrongful Death Claim?

If you plan to pursue a wrongful death claim, gathering robust evidence is fundamental to establishing the connection between the defendant’s actions and the death of your loved one. This evidence varies based on the facts of your case, but key documents typically include:

  • Medical Records and Autopsy Reports: These records provide critical details about the deceased’s health condition and the immediate cause of death. They can be used to directly link the death to the incident in question, especially in cases involving medical malpractice or accidents.
  • Eyewitness Testimonies: Accounts from people who witnessed the event can offer invaluable insights and details. Their testimonies can corroborate the sequence of events leading to the wrongful death, providing a clear picture of the incident.
  • Expert Testimonies: Specialists in fields like forensic pathology, accident reconstruction, or occupational safety can also testify in your case. They can help establish how the incident occurred and the extent to which negligence or wrongful actions contributed to the death.
  • Police and Accident Reports: Official reports from law enforcement or accident investigators provide a documented account of the incident. These reports often contain key facts, analysis, and sometimes conclusions about who was at fault.
  • Personal Testimonies: Statements from family members, friends, and acquaintances can highlight the emotional and psychological impact of the loss. These testimonies can help prove non-economic damages, such as pain and suffering or loss of companionship.

Is It Difficult To Prove Wrongful Death In Washington?

Is It Difficult to Prove Wrongful Death in Washington?

The difficulty in proving a wrongful death case in Washington largely depends on the specifics of each case. Some scenarios present clear, direct evidence of negligence or wrongful acts leading to death, which simplifies the process of establishing liability.

However, other cases might involve complex layers of circumstances and legal intricacies, making the proof of negligence more challenging. Some lawsuits may also appear simple on the surface, but deeper investigation reveals a more complicated story.

No matter the complexity, working with an attorney is crucial if you plan on pursuing a wrongful death lawsuit. A lawyer can provide access to experts, utilize investigative resources, and apply their knowledge and experience to build a compelling case in your loved one’s favor. They understand the nuances of Washington’s wrongful death laws and can navigate the legal system effectively, furthering your family’s mission of achieving justice for the deceased.

If you want to pursue legal action, contact a Seattle wrongful death attorney as soon as possible. They will evaluate your case, advise you on the best course of action, and stand by you throughout this challenging journey.