This form is a sample complaint for use in a personal injury case involving a train-automobile collision resulting in the death of the driver of the automobile.
Washington Complaint for Personal Injury and Wrongful Death Due to Train or Automobile Accident
State:
Multi-State
Control #:
US-PI-0276
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint For Personal Injury And Wrongful Death Due To Train Or Automobile Accident?
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FAQ
Yes: The WA state statute of limitations for personal injury and negligence cases is three years. The discovery rule applies to the personal injury statute of limitations in Washington, meaning that you have three years from the date of injury or the date that the injury was discovered.
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.
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.?
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.
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.
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.
In Washington, damages are for the benefit of the deceased's surviving spouse or domestic partner and children (including stepchildren). If there is no spouse or domestic partner or children, damages are for the benefit of the deceased's parents or siblings. (Wash.
In Washington, there is a three-year statute of limitations for personal injury, injury to property, fraud, and trespass claims; but defamation claims only have a two-year limit. For Washington criminal charges, there is no limit for murder charges but a two-year statute of limitations for gross misdemeanors.