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Wrongful Death

Wrongful Death Cases & Results

Wrongful death lawsuits are civil suits arising out of the death of a person. According to Washington State RCW 4.20.010, when the death of a person is caused by the wrongful act, neglect, or default of another person the qualifying family members of the deceased can sue for economic and non-economic damages. Statutes specify the situations which can result in a wrongful death claim. 

Non-economic damages

A wrongful death lawsuit may include non-economic damages for the loss of the victim’s income or benefits. These financial losses can be enormous, but they usually only represent a fraction of the compensation the family is entitled to. For this reason, it is crucial to educate prospective jurors on the subject of non-economic damages.

In addition to the physical damage to the victim, non-economic damages can include pain, suffering, and loss of companionship. Each harm is different and must be addressed separately in jury instructions. Often, defense counsel attempts to simplify these types of damages by reducing them to single numbers. But an informed jury will be able to appreciate the full value of each injury.

In some states, non-economic damages are limited to a certain amount. In Washington, there are no caps on these damages, because Washington State courts ruled that limits were unconsitutional. The court’s recent ruling means that juries have some leeway to award double the economic harm. To prove this, plaintiffs must provide evidence to justify the additional amount.

Non-economic damages include pain, suffering, and loss of love and companionship. However, they can be hard to calculate, but they can be quantified. The value of these losses is based on how much money you will need to cover medical bills, future lost earnings, and other expenses related to the death. These damages may even be used to frame a settlement with the insurance company.

Common defenses to a wrongful death lawsuit

One of the most common defenses to a wrongful death lawsuit is that the deceased was not at fault. The jury will consider several factors when deciding whether a defendant can be held responsible for the death. The first step in proving that a person was at fault is establishing causation. The defendant must have some direct or indirect connection to the decedent’s death. Otherwise, the wrongful death lawsuit is barred.  In the case of Leonard Thomas, the jury felt that he was not a danger to his son and therefore the shot taken by Fife and Lakewood PD SWAT team was not nessassary and they were held responsible.

Another common defense is the statute of limitations. It is important to note that the statute of limitations,  This means that a person must file the suit within the time limit for filing a wrongful death lawsuit.  The statute of limitations in the State of Washington is three years.  Lawsuits must be filed within this period, or else it will be barred. To avoid this, it is important to consult a personal injury attorney as soon as possible.

In addition to negligence, wrongful death cases must establish that the defendant’s actions caused the decedent’s death. In some cases, the victim could have been partially responsible for the decedent’s death. In other cases, the plaintiff must prove that the defendant failed to follow the law. The plaintiff must also show that the decedent had surviving dependents. Furthermore, the plaintiff must prove that the death caused monetary losses to the surviving family members.

The defendant may also argue that the plaintiff is not at fault. For example, if the victim died while riding a bicycle at night without brakes or lights, the defendant could argue that they were comparatively negligent. This defense would allow a judge to reduce the amount of damages awarded to the decedent’s family.

Wrongful death lawsuits can involve multiple defendants, including a business or an individual. For this reason, it is essential that all defendants respond to the lawsuit within a certain period. Otherwise, the plaintiff’s lawsuit could be dismissed or thrown out by default.

A defendant may also claim self-defense. The burden of proof on this defense depends on whether the defendant knew or could have anticipated that the person would suffer harm. In other cases, a defendant may claim that the deceased person was at a risk of bodily harm. Neither of these circumstances applies if the defendant was grossly negligent.

A wrongful death lawsuit can also be won through arbitration. This process can be less costly than a trial. However, the cost of arbitration will depend on the fees of the arbitrator. Aside from the cost of the proceedings, the parties involved may opt for arbitration. For example, if the business is facing a wrongful death lawsuit, it might be wise to use arbitration to avoid a trial.

While wrongful death is a tragic experience for those left behind, monetary compensation is not enough to replace the loved one. Nonetheless, wrongful death lawsuits can help families recover compensation for medical costs, loss of income, and care of their loved one. 

Compensation for survivors’ losses

If a loved one dies in a tragic accident, you may be eligible to file a wrongful death lawsuit for compensation. This type of lawsuit seeks compensation for the survivors’ losses and pain and suffering. Survivors may be entitled to compensation for the loss of the deceased person’s support and companionship. In some cases, surviving family members may also be awarded punitive damages. Such damages are intended to punish the defendant and discourage future acts of similar behavior.

Wrongful death lawsuits are often filed by the executor of the deceased’s estate. These suits are filed to compensate survivors for the pain and suffering that they endured, the loss of income prior to the death, and medical costs. In addition, wrongful death lawsuits often include compensation for the loss of companionship, parental guidance, and future financial support.

Wrongful death lawsuits can be complicated and difficult to win. You should hire an experienced attorney to fight the case. These suits often involve complex financial and emotional losses, and can involve long and difficult legal proceedings. But if the deceased’s death was caused by negligence, the family may be entitled to financial compensation.

 A wrongful death lawsuit can include punitive damages, which are meant to punish the party responsible for the death and deter future similar behavior. If the wrongful death lawsuit proves to be successful, the proceeds of the lawsuit will be distributed among the surviving family members. The surviving family members of the deceased person will receive the largest share of the settlement.

Although the death of a loved one is devastating, it is also necessary to ensure that those who suffer due to the death are compensated for their loss. In addition to receiving financial compensation, wrongful death lawsuits help survivors feel closure and justice. If the deceased person has children, you may not be eligible to file a wrongful-death lawsuit, but if you or a surviving family member has been left behind, you can file a wrongful death lawsuit to seek compensation for these expenses.

 A wrongful death lawsuit award provides compensation for the survivors’ losses. These losses can include lost parental guidance, companionship, and even the loss of parenthood. The wrongful death statute also allows for recovery for mental pain and suffering suffered by surviving family members.