Seattle Wrongful Death Lawyers

The legal definition of wrongful death is “The taking of the life of an individual resulting from the willful or negligent act of another person or persons.” If a person is killed because of the wrongful conduct of a person or persons, the decedent’s heirs and other beneficiaries may file a wrongful death action against those responsible for the death.

A wrongful death action is separate and apart from criminal charges, and neither proceeding affects nor controls the other. This means that a defendant acquitted of murder may be sued in a civil action by the victim’s family for wrongful death. An action for wrongful death may be brought for either an intentional or unintentional act that causes an injury that results in death.

Ordinarily, children may bring suit for the wrongful death of their parents, and parents may sue for the wrongful death of their children. In some states, only minor children are allowed to sue for the death of a parent. Similarly, some state statutes prevent a parent from recovery for the death of an adult child who is financially independent or married.

In order to sue for wrongful death, attorneys must prove that the acts or omissions of the defendant were the proximate cause of the decedent’s injuries and death. This means that the defendant’s wrongful conduct must have created a natural, direct series of events that led to the death.

Compensatory Damages, intended to make restitution for the amount of money lost, are the most common damages awarded in wrongful death actions. Plaintiffs may recover medical and funeral expenses in addition to the amount of economic support they could have received if the decedent had lived and, in some instances, a sum of money to compensate for grief or loss of services or companionship. Any damages recovered are distributed among the survivors subject to the statutes of each state.

Wrongful Death claims are a unique type of personal injury claim which require special expertise. Please see our specialized site at www.washingtonwrongfuldeathlaw.com.