Can a wrongful death claim be filed if the deceased had a pre-existing condition?

Yes, a wrongful death claim can be filed in Washington if the deceased had a pre-existing condition. This is because Washington state law recognizes that any wrongful death claim, regardless of any pre-existing illnesses the victim may have had, may be allowed to proceed. In order to successfully establish a wrongful death claim, however, the plaintiff must prove that any subsequent or concurrent medical condition or injury was the result of the wrongful act of another party. In order to determine who the responsible party is, the court must consider the circumstances leading to the death and the relationship between the at-fault party and the deceased. In the event that the pre-existing condition led to the death, the court will attempt to determine whether a third-party’s negligence exacerbated the victim’s condition, resulting in death. If negligence or recklessness is established, the court will award damages to the heirs. The amount of damages to be awarded to the heirs depends upon the court’s determination of the severity of the victim’s injury and the amount of economic and non-economic damages the heir has suffered. In a wrongful death action in Washington, the court also considers any pre-existing condition in relation to the death of the victim in order to ensure that the damages awarded are fair and appropriate.

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Can a wrongful death claim be filed if the deceased had a pre-existing condition?

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