This form is a Complaint for a Wrongful Death. Plaintiff demands a jury by trial, an award of damages, reasonable attorney fees, and other relief which is just and proper.
Washington Complaint for Wrongful Death - Single Count
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Multi-State
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US-M6795
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The first tier consists of any surviving spouse, state registered domestic partner, children or stepchildren. If there is neither a surviving spouse, domestic partner, child, or stepchild, there is a second possible tier. That second tier consists of parents or siblings.
You can recover damages for anything the decedent would have contributed while they lived. You can also recover what you lost for intangibles like moral support (general damages) and tangibles financial losses like gifts or benefits you expected to receive, including medical bills.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
This type of action functions to compensate the surviving family members for monetary loss, pain and suffering, funeral and burial costs, and more. The beneficiaries that can claim compensation for a wrongful death case are the victim's: Spouse. Children.
Washington state law provides that a victim's family has 3 years from the date of the victim's death to file a wrongful death lawsuit. If the victim's family has not filed within that time frame, any claims the family may have had under the Washington wrongful death statute are barred.
Heirs and family members who file the wrongful death claim make a joint decision regarding each person's amount. Any children or surviving spouses are entitled to the majority of the settlement proceeds. A dependent parent may also receive a share.
Some states' laws allow the deceased person's surviving family members to file a wrongful death lawsuit. Washington law, however, requires the personal representative (sometimes called the "executor") of the deceased person's estate to bring most wrongful death claims.
