Are there any special considerations in plane crash cases that involve wrongful death?
Yes, there are special considerations in plane crash cases that involve wrongful death in Washington. One key consideration is that Washington law allows for the recovery of punitive damages in cases of wrongful death due to alleged negligence of the defendant. Punitive damages are awarded to punish the wrongdoer for their egregious conduct and to deter them from repeating it. Punitive damages may be awarded in addition to other damages such as medical and funeral expenses, lost future wages, and pain and suffering. In addition, Washington law allows for the recovery of pre-death medical expenses and non-economic damages, such as pain and suffering, if the decedent passed away due to an airplane accident. The statute of limitations for wrongful death is three years from the date of the accident. To recover damages, it must be proven that the death was caused by the negligence or other wrongful conduct of the defendant. Finally, Washington law provides for wrongful death claims due to the “wrongful act, neglect, or default” of a third party. As such, if a pilot, aircraft designer or manufacturer, maintenance or repair personnel, or airport personnel was negligent in their duties, then a wrongful death claim may be brought on behalf of the decedent’s family. In summary, there are several special considerations that apply in plane crash cases resulting in wrongful death in Washington. These considerations involve punitive damages, pre-death medical damages, non-economic damages, the statute of limitations, and liability of third parties.
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