Can a wrongful death case be based on a criminal charge?
Yes, wrongful death cases can be based on a criminal charge in Washington. Wrongful death is when a person dies due to the negligence of another person or entity. In Washington, the Washington Wrongful Death Statute allows individuals to file a lawsuit for damages when someone dies as the result of a criminal offense. This means that if a person is charged with a criminal offense resulting in death, then the victim’s family can file a wrongful death lawsuit against the person responsible. This lawsuit is completely separate from any criminal charges and can be brought forward even if the accused is acquitted of the criminal charges. In order to file a wrongful death case in Washington, the family must first prove that the death was caused by the criminal act of the accused. In addition, they must also prove that the defendant was negligent and that their negligence was the cause of death. If the family is successful in proving their case, they may be awarded damages such as medical expenses, burial costs, loss of income, emotional distress, and other costs associated with the death. Although a wrongful death suit can be brought on the basis of a criminal charge, families should be aware that it is often difficult to prove a case and that filing these types of lawsuits can be expensive. Therefore, it is important to consult with an experienced wrongful death lawyer before proceeding with any legal action.
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