Tacoma Wrongful Death Lawyers

Helping Grieving Families Obtain Maximum Compensation for the Loss of Their Loved Ones

Losing a family member can be one of the most challenging situations a family will ever have to endure. However, if they died as a result of wrongful death due to someone else’s negligence, you are probably feeling angry and unsure of what you can do to seek justice on their behalf.

Washington State allows families to file wrongful death claims to try and recover compensation for funeral costs, lost income, and emotional distress. Unfortunately, just as with most claims, insurance companies look for ways to try and deny or reduce claims even if the victim died of fatal injuries caused by negligent behavior.

South Sound Law Group is a law firm dedicated to helping surviving family members seeking justice for the unexpected death of their loved ones. Our Tacoma wrongful death lawyers have extensive experience helping grieving families in their time of need and would be honored to assist you.

Contact our law office and ask to schedule a free consultation with an experienced wrongful death attorney who will gladly review your case and determine what legal options suit your needs.

What is Considered Wrongful Death in Washington State?

Under state law, wrongful death occurs when a wrongful act, negligence, or default of another causes the death of an individual. There are specific legal criteria that must be met to file a wrongful death claim, which include:

Duty of care: The defendant owed the wrongful death victim a duty of care, which is a legal obligation to act in a manner that avoids causing harm to others
Breach of duty: The defendant breached their duty of care due to their negligent actions or inactions
Causation: The plaintiff must show that the defendant’s negligent actions directly caused the decedent’s death
Damages: The decedent’s death caused the surviving family members to suffer damages such as lost wages or funeral expenses, to name a few

If you believe that another person’s negligence caused a loved one’s death, you must consult with a knowledgeable attorney who will evaluate your case. South Sound Law Group can conduct a thorough investigation into your loved one’s death to determine your legal options.

Our wrongful death lawyers have in-depth experience handling wrongful death claims and a proven record of recovering just compensation for families.

What are the Most Common Causes of Wrongful Death Cases?

Sadly, there are several common causes related to wrongful death cases. However, several leading causes are cited more frequently than others. The most common causes of wrongful death may include:

Motor Vehicle Accidents

Motor vehicle accidents are a leading contributor to wrongful death claims. Truck and car accidents occur daily and often occur due to driver negligence. Additionally, the same holds true for motorcycle accidents and commercial vehicle crashes, which can result in innocent victims losing their lives.

Workplace Accidents

Workplace accidents that occur on high-risk construction jobs that involve heavy equipment often result in workers suffering catastrophic or fatal injuries

Medical Malpractice

Medical professionals may misdiagnose or commit errors during treatment or surgery that result in wrongful death

Other common causes related to wrongful death lawsuits include:

Nursing home abuse
Pedestrian accidents
Boating accidents
Bicycle accident
Electrocution
Defective products
Exposure to toxic chemical

If your family member has died as a result of wrongful death, contact our law office to schedule a meeting with a Tacoma wrongful death lawyer so we may evaluate your case.

Who Can File a Wrongful Death Claim in Washington?

Washington state law stipulates that only the personal representative, also called the executor, of a decedent’s estate may file a wrongful death lawsuit. Because state law only allows one wrongful death lawsuit to be initiated, the personal representative files on behalf of the decedent’s surviving family members.

If the decedent left a will at the time of their death, the named executor has the legal authority to pursue a wrongful death claim. However, suppose the individual named as the executor cannot serve as the personal representative or the decedent dies without leaving a will. In that case, the court will appoint a personal representative. Finally, a surviving family member may only serve as the personal representative if they were named as such in the decedent’s will or appointed by the court.

However, even though a personal representative is the only one authorized to file a wrongful death lawsuit, only eligible surviving family members are eligible to receive compensation. Eligible surviving family members include:

Surviving spouse
State-registered domestic partners
Children, stepchildren, or adopted children of the deceased

The decedent’s surviving parents or siblings may qualify as beneficiaries if there are no immediate surviving relatives.

What are the Qualifications Needed to be a Personal Representative Who Can File a Wrongful Death Claim?

In Washington, the personal representative is tasked with a great responsibility as they are the only person who can initiate a wrongful death claim on behalf of the decedent’s family. Even if the deceased did not die as a result of wrongful death, a personal representative is responsible for gathering and assessing the value of assets, notifying beneficiaries, and estate administration. That being the case, Washington law dictates that the personal representative must meet specific qualifications, including:

At least 18 years old
Must be of sound mind
Trustworthy
Not have been convicted of a felony
Not convicted of financial crime, such as theft or fraud
Be of sound mind

A personal representative may be a family member, friend, or legal professional. If, as explained previously, the decedent died without leaving a will, the court can appoint someone to act as the personal representative.

It is important to note that if the decedent’s estate is insolvent and has no assets other than the wrongful death claim, the personal representative must obtain court approval to begin legal proceedings. Finally, if a financial settlement is awarded, the personal representative divides it among eligible family members.

If you need legal assistance deciding who should act as a personal representative in a wrongful death case, contact our Tacoma wrongful death lawyers immediately so we can assess your needs.

How is a Wrongful Death Settlement Divided Among Family Members?

In Washington, wrongful death settlements are distributed according to a specific hierarchy. Under state law, the surviving spouse or the registered domestic partner, and children are first in line to receive compensation from wrongful death lawsuits.

Due to the close relationship between immediate family members, such as a spouse, partner, or children, the court automatically assumes that they had a financial and emotional dependence on the deceased. Parents or siblings may benefit from compensation if there is no surviving spouse, domestic partner, or children. Nevertheless, because parents and siblings compose a second tier of the hierarchy, they must prove that they had an economic dependence on the deceased.

The court is tasked with approving any wrongful death settlement. All family members involved in the claim must appear before the court to ensure the settlement is fair and equitable to all parties. If the parties cannot agree, the court will intervene and determine how the money should be distributed. Therefore, any family filing a wrongful death claim must have a skilled attorney who understands the legal intricacies of personal injury law.

Our Tacoma wrongful death lawyers work diligently to ensure that all eligible beneficiaries receive fair compensation for the loss of their loved ones and will fight to help you recover a fair settlement.

How Long Do I Have to File a Wrongful Death Lawsuit?

The Washington state statute of limitations dictates that the decedent’s personal representative has three years from the date of death to file a wrongful death claim. It is important to remember that the statute of limitations clock begins on the date the decedent passed away, not necessarily on the day of the accident. The statute of limitations in wrongful death cases exists to prevent a backlog of cases and to ensure that evidence is still available to pursue compensation.

If you have lost a loved one due to wrongful death, you must hire a Tacoma wrongful death attorney immediately. Failure to file a wrongful death claim within the three-year time limit can result in your case being dismissed by the court.

Unlike other states, Washington does not have a tolling period that extends the time limit to file a claim. However, exceptions may be granted if the wrongful death claim stems from a criminal act. For example, suppose a victim died as a result of homicide. In that case, the case could be tolled until the perpetrator is caught or the criminal trial is completed.

Because of the strict time limit imposed by that statute of limitations, families of wrongful death victims should never wait to consult with an experienced attorney. At South Sound Law Group, our Tacoma wrongful death attorneys can help you initiate a claim so that legal proceedings can begin to recover fair compensation for your family.

What Type of Compensation Can Our Family Recover After Our Loved One’s Death?

Just as in personal injury claims, individuals who file wrongful death lawsuits may be able to recover economic and non-economic damages. Unlike other states, Washington does not cap wrongful death compensation claims.

Economic damages are awarded to reimburse families for the financial burden caused by the death of their loved ones. Economic damages may include:

Reasonable funeral and burial expenses
Lost wages
Loss of financial support and services such as future wages, retirement benefits, or insurance coverage
Loss of household services such as childcare, lawn care, and cooking to name a few
Lost income the decedent would have earned had they survived
Medical expenses incurred by the decedent as a result of their fatal accident

Non-economic damages are awarded to compensate families for intangible losses that cannot be assigned a monetary value and may include:

Emotional distress from the mental suffering caused by the sudden and tragic death of a loved one
Pain and suffering for the physical pain and trauma the decedent experienced before their death
Loss of consortium that deals with the loss of sexual intimacy, ability to have children, or companionship

One of the benefits of hiring a wrongful death attorney is they can help determine and calculate the damages you may be able to recover. Our personal injury attorneys have in-depth experience helping families who are seeking compensation for the death of their loved ones and will fight to ensure you receive fair compensation.

Who Pays a Wrongful Death Settlement?

One of the most common questions families ask is who will pay compensation if they win their wrongful death cases. Under state law, the individual or entity who has been deemed responsible or contributed to the death is liable for paying damages.

In most wrongful death cases, insurance companies pay compensation for claims, as is often the case in auto accidents. In cases related to medical malpractice, the health provider’s insurance would pay for damages. If an individual died in a workplace accident, the employer or their insurance provider could also be ordered to pay damages. Finally, if the wrongful death occurred on state or federal property, the appropriate government entity may have to pay compensation.

However, although it may seem relatively straightforward as to who would claim to pay wrongful death lawsuits, which is not always the case. Unfortunately, a wrongful death case may involve multiple liability issues depending on the circumstances surrounding the fatal accident and can make obtaining just compensation more challenging.

South Sound Law Group is a law firm dedicated to helping clients recover maximum compensation for losing their loved ones. Our legal team is dedicated to seeking justice for your loved one and will fight to hold all negligent parties responsible for their actions.

Why Do I Need to Hire a Wrongful Death Lawyer to Help Me File a Claim?

After tragically losing a family member, you may be unsure what steps you can take to seek justice for the loss of your loved one. One of the best steps you can take is to seek qualified legal representation from a Tacoma wrongful death lawyer who can help you file a claim.

Some of the most notable advantages of hiring a wrongful death lawyer include:

Professionally evaluate your claim to determine liability issues and who should be held accountable for the death of your loved one
Guide you through the legal process, such as filling out and filing paperwork and providing information about what to expect as the case progresses
Obtain critical evidence such as witness statements, police reports, and medical records that can substantiate your wrongful death claim
Help you maximize your claim to ensure you receive maximum compensation for funeral and burial costs, medical bills, and pain and suffering
Negotiate with the insurance company on your behalf to ensure you are treated fairly and obtain fair compensation
Provide skilled legal representation should the case have to go to court to be resolved

The South Sound Law Group is passionately committed to providing families with the legal services they need to obtain just compensation for the loss of their loved ones. Our Tacoma wrongful death attorneys have in-depth experience representing families as they deal with the death of their loved ones and are dedicated to helping you pursue justice for your loss.

What Makes Your Tacoma Wrongful Death Attorneys the Right Choice to Help Our Family File a Claim?

At South Sound Law Group, wrongful death attorneys realize that no amount of money can make up for the death of your loved one. However, our dedicated legal team is unwavering in our commitment to ensuring that negligent parties are held accountable for their actions or inactions.

If we agree to take your case, we will work diligently to help you obtain a wrongful death settlement that will cover medical expenses, funeral costs, and other non-economic damages related to your case. We have the legal and financial resources to obtain evidence to support your claim and will act as your legal advocate with the insurance provider.

Sadly, in many wrongful death cases, insurance providers try to blame the victim so they can deny or reduce claims to protect their profitability. However, at South Sound Law Group, our Tacoma wrongful death lawyers are fearless in standing up to insurers and will never back down when seeking justice for your loved one.

Contact our Tacoma, WA law office by calling 253-465-2722 and ask to schedule a free, no-obligation consultation with a Tacoma wrongful death lawyer today.