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If you have a loved one who passed away as a result of an injury or accident that involved the misconduct or negligence of a company or individual, you may be able to file a wrongful death lawsuit against those who were responsible for your loved one's death.
Wrongful death. n. the death of a human being as the result of a wrongful act of another person. Such wrongful acts include: negligence (like careless driving), an inten- tional attack such as assault and/or battery, a death in the course of another crime, vehicular manslaughter, manslaughter or murder.
The Wrongful Death Act in Washington State defines wrongful death as a death ?caused by the wrongful act, neglect, or default of another person.? Negligence or intentional actions can cause wrongful death.
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.
(1) No action for a personal injury to any person occasioning death shall abate, nor shall such right of action terminate, by reason of such death, if such person has a surviving spouse, state registered domestic partner, or child living, including stepchildren, or if leaving no surviving spouse, state registered ...
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.?
What Is the Difference Between Wrongful Death Claims and Survival Action Claims? Wrongful death lawsuits in Washington are filed by the estate of the deceased, sometimes referred to as the executor. Compensation for a survival case goes to the estate and the surviving family members of the deceased (RCW 4.20.