Losing a family member is one of the most painful experiences a person can endure. The emotional burden is even more devastating when the death was avoidable, caused by another party’s negligence. At Park Chenaur Injury Lawyers, we offer our sincere condolences. While you take the time to grieve, our wrongful death attorneys in Tacoma can help you navigate the legal process with personalized care, compassion, and professionalism.
What Is Considered Wrongful Death in the State of Washington?
In Washington, a wrongful death is defined as a death caused by the wrongful act, neglect, or failure to act of another party. If the deceased could have filed a personal injury claim had they survived, their personal representative may bring a wrongful death claim on behalf of eligible family members. These claims aim to recover compensation for both financial and emotional losses. If you’ve lost a loved one under such circumstances, a wrongful death attorney at Park Chenaur Injury Lawyers can help you understand your rights.
What Should I Do After a Wrongful Death Occurs?
In the aftermath of a wrongful death, knowing how to proceed can be overwhelming. While no legal action can erase your pain, taking the right steps can help provide closure and financial security for your family:
- Seek legal counsel immediately: Time is of the essence in wrongful death cases. Contacting a lawyer as soon as possible ensures that the proper steps are taken to preserve evidence and file your claim before the statute of limitations expires.
- Avoid discussing your case: While it’s natural to want to talk about your loved one, avoid discussing your case with anyone other than your lawyer. Public comments, social media posts, or statements made in the wrong context could be used against you.
- Focus on family unity: Strong family support can be invaluable during such a difficult time. Your loved ones help to alleviate the stress while you mourn your loved one.
Common Mistakes to Avoid in a Wrongful Death Claim
When faced with the sudden loss of a loved one, powerful emotions can cloud judgment, leading to decisions that could affect the success of your claim. Avoiding these common mistakes can make a significant difference in the outcome of your wrongful death case:
Working With an Insurance Company Directly
Insurance companies tend to offer a fast, low settlement. An offer could seem to be a lifeline during a difficult time. However, this initial offer is often much lower than could be recovered with the help of our firm. Consulting a wrongful death lawyer before accepting any settlement offer will allow us to fully evaluate your case and pursue the compensation your family will need moving forward.
Statute of Limitations in Washington
In Washington State, you have three years to file a wrongful death claim. It is imperative to file within the time frame imposed by law. Failing to act within that period could mean losing your right to seek justice. Wrongful death claims involve many legal complexities. Having an experienced Tacoma wrongful death lawyer on your side ensures that you have someone fighting for your rights and the maximum compensation available under the law.
How Is a Wrongful Death Settlement Divided Among Family Members?
In Washington, who receives compensation from a wrongful death settlement depends on several factors, including the type of claim and the relationship to the deceased.
Typically, the settlement is distributed to the deceased's spouse, state-registered domestic partner, and/or children. If none of these exist, financially dependent parents or siblings may be eligible.
When multiple people are eligible, the court will consider each person’s financial and emotional loss in deciding how the money should be fairly divided.
At Park Chenaur Injury Lawyers, we work to ensure that your rights and interests are protected during this process. Our team provides clear guidance so families understand what to expect and how compensation may be fairly allocated.
Who Pays Wrongful Death Settlements?
Wrongful death settlements are typically paid by the party found legally responsible for the death or their insurance provider. This can vary depending on the circumstances of the case and who was at fault. In most cases, payment may come from:
- The at-fault individual’s liability insurance
- A business or employer’s insurance policy
- A government entity (if applicable)
Why Choose Park Chenaur Injury Lawyers to Handle Your Wrongful Death Case in Tacoma?
Choosing the right law firm is essential in a wrongful death case. At Park Chenaur Injury Lawyers, we are more than just legal advocates—we are your partners in seeking justice. Our experienced team, with over 25 years of service to the Tacoma community, brings a wealth of legal knowledge and compassion to each case. We pride ourselves on our integrity and collaborative approach. Our team of attorneys each contributes their unique expertise, and we work together to build a powerful case.
With connections to leading professionals and expert witnesses, we craft a comprehensive legal strategy to fight to achieve fair compensation for you and your family. If your loved one’s death was the result of negligence, call a wrongful death lawyer in Tacoma at Park Chenaur Injury Lawyers for a free consultation now. We’ll listen to your story, explain your legal options, and guide you toward justice.
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Wrongful Death FAQs
Who can file a wrongful death lawsuit in Washington State?
In Washington, the personal representative of the deceased’s estate typically files the wrongful death claim. Beneficiaries may include the spouse or domestic partner, children (including stepchildren), and, in some cases, parents or siblings—especially if they were financially dependent on the deceased.
What types of damages can be recovered in a wrongful death case?
Recoverable damages may include medical expenses incurred before death, funeral and burial costs, loss of income the deceased would have provided, pain and suffering of surviving family members, and loss of companionship or consortium.
Can a criminal case and a wrongful death lawsuit happen at the same time?
Yes. A wrongful death lawsuit is a civil case that can proceed independently of any criminal charges (like manslaughter or homicide). You can still seek financial damages even if no criminal conviction is secured.
What if the deceased was partially at fault for the incident?
Washington follows a pure comparative negligence rule. This means the compensation may be reduced by the percentage of fault attributed to the deceased, but is not eliminated even if the deceased was more than 50% at fault.
How long do wrongful death cases usually take to resolve?
Depending on their complexity, wrongful death cases can take several months to years to resolve. Factors influencing the timeline include liability disputes, insurance negotiations, and whether the case goes to trial.
Can emotional distress be claimed in a wrongful death lawsuit?
Yes. Emotional damages—such as grief, sorrow, and mental anguish—can often be part of a wrongful death claim, particularly when the loss affects a close relative like a spouse, child, or parent.
Are punitive damages available in Washington wrongful death cases?
No. Washington State does not allow punitive damages in wrongful death claims. Compensation is limited to actual economic and non-economic losses experienced by survivors or the estate.
Can multiple family members be compensated in a wrongful death claim?
Yes. If multiple eligible parties suffer losses—such as both a spouse and children—compensation may be distributed among them based on the degree of loss, dependency, and other factors established during the legal process.
What role do expert witnesses play in wrongful death cases?
Expert witnesses, such as accident reconstructionists, medical professionals, and economists, can help establish liability and quantify damages. At Park Chenaur, we regularly work with trusted experts to build strong, evidence-based cases.
How much does it cost to hire a wrongful death lawyer at Park Chenaur?
We work on a contingency fee basis, meaning there are no upfront costs. You pay nothing unless we recover compensation for you. This allows families to pursue justice without financial barriers during a difficult time.
