What constitutes wrongful death?

Wrongful death is a legal claim made when a person has been killed due to the negligence or misconduct of another person or company. In the state of Washington, it falls under the umbrella of tort law, which holds that people and companies are responsible for the injuries and losses they cause. In Washington, a wrongful death claim must meet three criteria to be successful: 1. The death of the victim must have been caused by the negligence or misconduct of the defendant. 2. The surviving family members must have suffered financially as a result of the death. 3. The surviving family members must have been dependent on the victim for financial support or household services. Examples of wrongful death can range from a car accident involving a drunk or distracted driver to a medical malpractice case due to a doctor’s negligence. In all cases, the liable party must be proven to have caused the death, either directly or indirectly. If these criteria are met, the surviving family members may be eligible to receive damages for the death of their loved one. Damages can include medical and funeral expenses, loss of income and benefits, and even pain and suffering.

Related FAQs

Can a wrongful death claim be filed if the deceased had a pre-existing condition?
Are there any limits to the amount that can be awarded in a wrongful death suit?
What is wrongful death law?
Does the statute of limitations on wrongful death cases vary from state to state?
How does a wrongful death lawsuit affect the estate of the deceased?
Is expert testimony required to prove a wrongful death claim?
What is a survivorship action?
Are punitive damages available in a wrongful death lawsuit?
What types of evidence are necessary to prove a wrongful death claim?
Are wrongful death cases resolved through mediation or arbitration?

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