When someone dies due to the fault of
another person or entity (business) the survivors may be able
to bring a wrongful death lawsuit. Such a lawsuit seeks compensation for the
survivors' loss such as lost wages, lost companionship,
and funeral expenses. Here's a primer on wrongful death claims -- what they
are, who can sue, who can be sued, and what damages may be recovered. If you have further questions, consider contacting a Seattle Personal Injury Attorney.
What is a Wrongful Death Claim?
A wrongful death claim exists when a
person dies due to the legal fault of another person. The right to file a
lawsuit for wrongful death is a relatively new concept. "common law"
(the laws brought to the United States from England) did not allow this kind of
lawsuit. But during the last century, state and federal courts created the
right to bring a wrongful death action. Every state in this country now has
some kind of wrongful death law.
Wrongful death claims involve all
types of fatal accidents from simple car accidents to complicated medical
malpractice or product liability cases. Persons, companies, and governmental
agencies can be legally at fault for acting negligently (failing to act as a
reasonable person would have acted) and for acting intentionally.
Who May Sue for Wrongful Death?
A wrongful death claim must be filed
by a representative on behalf of the survivors who suffer damage from the
decedent's death (they are called the "real parties in interest").
The representative is usually the executor of the decedent's estate. The
"real parties in interest" vary from state to state. Some of those
people might include:
Immediate family members. In all
states, immediate family members like spouses and children (including adopted
children) and parents of unmarried children can recover under wrongful death
actions.
Life partners, financial dependents,
and putative spouses. In some states, a domestic or life partner, anyone who was
financially dependent on the decedent, and a "putative spouse" (a
person who had a good faith belief that he or she was married to the victim)
have a right of recovery.
Distant family members. Some states
allow more distant family members, such as brothers, sisters, and grandparents,
to bring wrongful death lawsuits. For example, a grandparent who is raising a
child may be able to bring an action.
All persons who suffer financially. Some states
allow all persons who suffer financially from the death to bring a wrongful
death action for lost care or support, even if they are not related by blood or
marriage to the victim.
Parents of a deceased fetus. In some
states, the death of a fetus can be the basis for a wrongful death suit. In
several other states, parents cannot bring a wrongful death action to recover
for financial and emotional losses resulting from the death of a fetus. In
those states, the parents can bring a wrongful death action only if the child
was born alive and then died. Check your state law and consult with an
experienced wrongful death attorney to find out if such an action is allowed in
your state.
Who May Be Sued for a Wrongful Death?
Wrongful death lawsuits can be
brought against a wide variety of persons, companies, government agencies, and
employees. For example, in a car accident involving a faulty roadway and a
drunk driver, a wrongful death action might include defendants such as:
·
the driver or employer at fault in the automobile accident
·
the designer or builder of the faulty roadway
·
a government agent who failed to provide adequate warnings
regarding a road hazard that caused the accident
·
the manufacturer, distributor, or installer of a faulty or
dangerous part of the vehicle
·
the persons who sold, served, or gave alcohol to the impaired
driver, or
·
the owner of the premises where the alcohol was served.
Immunity for Government Agencies and
Employees
In some cases, certain persons or
agencies may be immune from a wrongful death lawsuit. That means they cannot be
sued for wrongful death. Who might be entitled to immunity again varies from
state to state. For example, in some situations, government agencies and
employees might be immune from a wrongful death lawsuit, or even family members
in certain circumstances.
Recent federal laws provide immunity
from wrongful death claims to defendants in railroad collisions and certain
product liability cases including medical devices. Such immunity might also
extend to drug manufacturers -- this will be decided by the U.S. Supreme Court
in 2009.
Types of Damages
In general, there are three types of damages that may be
available to the survivors in a wrongful death lawsuit: (1) economic, (2)
non-economic, and (3) punitive.
Economic damages. These include the value of the financial
contributions the victim would have made to the survivors if he or she didn't
die, and include the following:
·
medical and funeral expenses
connected to the death
·
loss of the victim's expected
earnings
·
loss of benefits, such as pension
plans or medical coverage
·
loss of an inheritance caused by the
untimely death, and
·
the value of the goods and services
that a victim would have provided.
Non-economic damages. Although less tangible,
non-economic damages often have more value than economic damages. Examples
include:
·
damages for the survivors' mental
anguish or pain and suffering
·
loss of the care, protection,
guidance, advice, training, and nurturing from the deceased
·
loss of love, society, and
companionship from the deceased, and
·
loss of consortium from a deceased
spouse.
punitive damages. Punitive damages are awarded to punish the
defendant for especially bad conduct. In many states these damages are not
available in wrongful death lawsuits or not recoverable against certain
defendants including most governmental agencies. However, treble damages (which
are in an amount equal to three times the actual damages) may often be
recovered against nursing homes for elder abuse and death.
Interest and attorneys' fees. Survivors can recover
interest on the damages from the time they were incurred up to the time they
are collected. And in some cases the survivors can get reimbursed from the
defendant for attorneys' fees and costs incurred in the bringing the lawsuit.
Calculating Damages
Calculating damages can be extremely complicated, and the
parties often use expert witnesses, such as economists and actuaries, to give
their opinions on the proper amount of damages. These calculations include not
only income and benefits earned outside the home, but also the monetary value
of services and care provided inside the home by a homemaker parent (such as
child care, cooking, laundry, house cleaning and maintenance, shopping,
education, medical care, and transportation).
Time Limits for
Filing a Wrongful Death Claim
Every state sets certain time limits, called the "statute
of limitations," on bringing wrongful death lawsuits. Generally speaking, the time limit in Washington State is three years. That said, there are exceptions to this, so it is wise to discuss with an Attorney.
In many states, the statute of limitations does not begin
ticking until the harm is discovered (sometimes called the "date of
discovery"). For example, if a doctor's failure to diagnose cancer is not
discovered for years after the error (because the cancer lays dormant), the
statute of limitations may not start until the patient learns of the cancer.
Getting Help
Because wrongful death actions often involve complex areas of
the law (like medical malpractice) and can result in large damage awards, it is
often wise to hire, or at least consult with, a Seattle Personal injury Attorney.
For more information, call our Firm today at (425) 889-9300 and let us earn your trust.
PI Law Group
520 Kirkland Way, Ste 103
Kirkland, WA 98033
pilawgroup.com
