What is a wrongful death claim in a survival action?
A wrongful death claim in a survival action is a type of civil lawsuit that is filed when a person dies as the result of another’s negligence. In Washington, wrongful death claims allow the surviving family members of the deceased to hold the liable party accountable for their actions. The wrongful death claim is filed in addition to the surviving party’s claim for “survival damages”, which are damages that the deceased could have claimed for his or her injuries had they survived. A wrongful death claim in a survival action typically includes damages for the surviving family members’ emotional distress related to the death of their loved one, as well as any lost wages or income that were expected to be provided by the deceased. It can also include funeral and burial costs, medical expenses, pain and suffering, and loss of the deceased’s companionship and care. In Washington, wrongful death actions must be filed within three years of the date of death and are usually brought by the family members, administrators of the estate, or executors of the estate. The wrongful death claim allows families to seek justice for the death of their family member and can provide them with financial security and peace of mind.
Related FAQs
Who pays for medical and funeral expenses in a wrongful death lawsuit?Do all wrongful death cases settle out of court?
Is expert testimony required to prove a wrongful death claim?
How long does a wrongful death suit take to go to court?
Can a wrongful death suit be pursued if the deceased was partially at fault?
How long do wrongful death cases usually take to resolve?
What is the difference between a wrongful death claim and a claim for loss of consortium?
Are punitive damages awarded in a wrongful death lawsuit?
Can the surviving spouse file a wrongful death lawsuit?
What is a wrongful death statute of limitations?
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