No Fees Unless We Win
No Fees Unless We Win
personal injury lawyer
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.
When someone’s negligence, recklessness, or intentional actions cause another person’s death, a wrongful death claim can be filed in Washington State. The Revised Code of Washington 4.20.010 permits a personal representative to bring a civil lawsuit on behalf of the deceased’s beneficiaries when death results from a wrongful act, neglect, or default.
RCW 4.20.020 identifies who can seek compensation: a spouse, state-registered domestic partner, child, stepchild, or financially dependent parent or sibling. These beneficiaries can recover damages for both financial losses and emotional suffering caused by the wrongful death.
A civil lawsuit can proceed even without criminal charges being filed. Wrongful death claims frequently arise from fatal car accidents, dangerous property conditions, defective products, or medical negligence that causes 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.
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 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.
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.
No Fees Unless We Win
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:
Who holds responsibility for a wrongful death depends on what happened. In many Seattle cases, one or more parties may be liable, such as:
Washington applies a comparative fault system, meaning multiple parties can share responsibility for a wrongful death. If several individuals or entities contributed to the incident, each may be held liable according to their degree of fault. A detailed investigation that includes accident reconstruction, witness interviews, and forensic analysis is often necessary to identify every responsible party and build a strong foundation of evidence.
As we mentioned, families in Washington typically have three years from the date of death to file a wrongful death claim. The state’s statute of limitations sets this period and usually starts when the death occurs, not when the original injury happened. However, limited exceptions exist. For instance, if the cause of death wasn’t immediately apparent or the responsible party hid evidence of wrongdoing, the filing deadline may be extended.
Since wrongful death investigations often take time to collect medical records, insurance information, and expert evaluations, starting early is crucial. Prompt legal action also helps protect important evidence such as vehicle data, surveillance footage, or defective product parts, which can deteriorate or be lost as time passes.
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.
If you believe your loved one’s death could have been prevented, Colburn Law – Accident and Injury Lawyers can help you pursue accountability and justice. Our Seattle-based wrongful death attorneys know how to prove wrongful death through thorough investigation, expert collaboration, and negotiation with insurers, making sure your family’s losses get full recognition under Washington law. We offer compassionate, comprehensive representation throughout the process and understand the emotional and financial burden these cases create.
For guidance tailored to your situation, call us at 206-823-4953 to schedule a free consultation and learn how we can protect your rights.
Greg Colburn’s path to personal injury law is rooted in personal experience. After a devastating fall left him in a wheelchair for two years, he took on insurance companies and legal obstacles to win his own case. That journey inspired him to fight for others facing similar challenges. Today, Greg is dedicated to helping injury victims hold negligent parties accountable and secure the justice they deserve.
Years of Experience: 20 years
Super Lawyers Profile: Greg Colburn
Client Reviews
If you only contact one lawyer after an accident, I would tell you to contact Greg Colburn.
What can I say – Greg put in a vast amount of effort to accomplish what I thought would be an impossible feat. He was able to get the result I wanted and the settlement I could have only dreamed of – If you only contact one lawyer after an accident, I would tell you to contact Greg Colburn and you wont be sorry!!!! Thank you so very much.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney, Greg Colburn who has more than 20 years of legal experience as a Washington Personal Injury Attorney.
Key Takeaways Proving a wrongful death claim in Washington means showing negligence caused the death by a preponderance of the evidence. RCW 4.20.010 limits...
Heavy machinery, by its nature, is dangerous. Workers in industries that range from manufacturing to construction must interact with large, powerful, and often complex...
Being recognized among The Best Lawyers in America award recipients reflects consistent legal performance and acknowledgment within the legal community. At Colburn Law—Accident and...
Losing a family member is something no one expects to face. The sudden absence leaves behind not just grief, but decisions, paperwork, and a...
We will come to your home, a coffee shop, or your hospital room, whichever works best for you. We’ll discuss your legal options, and if we should decide to move forward, we will offer our services on a contingency-fee basis.
call us 206-919-3215
Message Us 
Call Us