Washington State Wrongful Death Claims | Bellevue Wrongful Death Attorney
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by: MattCBA
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In Washington State, there are two different types of wrongful death claims, and a significant loophole in the process that should be resolved. As a Seattle personal injury lawyer, I have handled wrongful death cases all through my career, and believe that there has to be a change in the system to achieve the justice our legal system strives to attain. The two kinds of claims are classified as a “general” claim and a “survivor” claim. Unfortunately, due to the restrictions of the general claim, there are circumstances in which the person who caused the wrongful death can get away basically for nothing. Here is a broad summary of the two claims:
General wrongful death claims: This kind of claim may be brought by the beneficiaries of the individual who passed away. Typically, this may include the decedent’s children, spouse, and under some conditions, the parents. The purpose of this type of claim is to protect those that were financially dependent on the decedent. Parents who lose a child younger than 18-years-old to wrongful death can file a general wrongful death claim, however, once that child turns 18 years old, they can no longer do so unless they are financial dependent on that child. Although some family members may feel emotionally dependant on the wrongful death victim, that is not enough to warrant a claim under Washington law. The facts of each and every wrongful death case are very important to whether or not you can bring about a general claim. As much information as I try to give through articles like these, I always strongly suggest that people talk to a skilled Bellevue wrongful death lawyer in person before figuring out which course of action to take.
Survivor wrongful death claims: Survivor claims may be brought about if the decedent doesn’t have a spouse or any dependents. This allows the wrongful death victim to have their day in court and seek damages for the pain and suffering for their injuries that the accident caused prior to their death, as though they had lived through the event. If a loved one of yours has died and no family member can file a general claim, you can get the court to appoint a personal representative to the decedent’s estate. The focus of these cases is on the victim of the wrongful death and what they went through before death, rather than the surviving family.
I believe that there is a substantial loophole in the system because parents of children that are older than 18 cannot file a general claim if their child is killed due to someone else’s negligence, unless the parents can prove substantial dependence on the deceased child. As a parent myself, I know that there is a strong bond that will not go away the day the child turns 18. A survivor claim can still be brought for young adults who do not have any statutory dependents, but the person whose actions caused the death gets away with lessened repercussions.
It is very important to contact an experienced Seattle wrongful death attorney as soon as you are emotionally prepared to do so if you believe that a loved one’s death was the result of someone else’s negligence. Every case has unique factors that require individual analysis. To get more information about Washington wrongful death, you can get the book I co-wrote on the subject titled “In Case of Death,” for free by clicking the preceding link.
About the Author
About Jason Epstein and Straight Talk Law: Jason Epstein joined Premier Law Group as a partner in 2007. Jason is a litigator handling all types of personal injury cases with an emphasis on serious plaintiff’s personal injury and insurance coverage. Jason is a member of the Washington State Association for Justice and serves within its leadership. Jason often speaks at CLEs and serves as an arbitrator for both private and mandatory arbitration matters. Jason attended Gerry Spence's Trial Lawyers College in Dubois, Wyoming. The month long program is dedicated to training lawyers who represent injured people. Jason completed a certificate in Alternative Dispute Resolution from the Strauss Institute of Dispute Resolution and the Trial Advocacy program through the National Institute of Trial Advocacy. Jason has been dedicated to representing injured people since 1999. Jason Epstein has been representing individuals against insurance companies and large corporations since 2001. He limits his practice to personal injury and wrongful death cases including auto accidents, motorcycle accidents, or other serious and catastrophic injuries. Hopefully you have already visited StraightTalkLaw.com. This website is loaded with tons of information, and is constantly updated to keep you informed of recent developments. You can also stay up to date by following the blogs, which are linked to StraightTalkLaw.com Jason understands that providing the best legal representation to his clients, means limiting the number of cases he accepts. He takes fewer cases so he has more time for you. By limiting his caseload, Mr. Epstein is able to give each client and each case the time and attention that they deserve. If you would like to see if your case qualifies for Mr. Epstein to represent you, please contact us through StraightTalkLaw.com, request one or more of Jason’s books, or call us toll free at (888) 333-1873. A Seattle native, Jason received his B.A. in Philosophy from USC, and his J.D. from Pepperdine University. Mr. Epstein lives in Renton with his wife and two sons. In his spare time, Mr. Epstein enjoys spending time with his family and playing golf. To learn more about Straight Talk Law, please visit http://www.StraightTalkLaw.com
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