wrongful-death

If a family member dies due to someone else’s negligence, the at-fault party should be held accountable. With help from a Yakima, WA wrongful death lawyer, you can sue anyone responsible for your family member’s death. Your attorney can help you get damages totaling tens or hundreds of thousands of dollars.   

At Brumback & Ottem, our attorneys are bulldog tough. We advocate for our clients and make sure they are well-equipped to get the most compensation possible. For more information, please reach out to us. 

How a Wrongful Death Is Defined in Washington State

In Washington, a wrongful death is defined as a death caused by a wrongful act or neglect. Reasons why wrongful deaths occur include:

Car Accident

A negligent motorist can take their eyes off the road and strike another driver or pedestrian. This motorist can kill anyone that comes into contact with their vehicle. At this point, family members of the decedent (the person who has died) can hire a car accident lawyer to pursue damages on their behalf. 

Motorcycle Accident

A motorcyclist can wear a helmet and take other precautions. Regardless, there is no telling when a negligent motorist will lose focus, strike a rider, and kill this individual. Following a motorcycle accident that kills a rider, the decedent’s family can seek compensation from anyone responsible. 

Truck Accident

The driver of a large truck may spend long periods of time going from one destination to the next. If a truck driver gets tired, they can cause a fatal accident. The family of anyone killed in this truck accident can sue the driver, their employer, or both. 

Workplace Accident

Those who work at a construction site or other dangerous environments are exposed to hazards. It is an employer’s responsibility to protect its workers from on-the-job dangers. If a worker is killed due to a workplace accident, their employer may be held accountable. 

The team at Brumback & Ottem can teach you how a wrongful death claim works and help you decide if now is the right time to file one. To learn more, please get in touch with us. A Yakima wrongful death lawyer from our team can review your case right away. 

When to File a Washington Wrongful Death Lawsuit

The Washington death statute of limitations is three years. This means you have up to three years from the date your family member lost their life to pursue compensation. If you do not file your lawsuit within this time frame, you cannot ask for money at a later date. 

If you are weighing the pros and cons of a lawsuit, it is beneficial to connect with a wrongful death law firm. When you do, you can share details about your case with a wrongful death lawyer. Next, the attorney can offer legal insights and help you make an informed decision about how to proceed with your case. 

Keep in mind that not all wrongful death law firms work the same way. If you have an experienced Yakima wrongful death law firm at your side, your lawsuit will be filed as soon as possible. From here, your lawyer will commit the time, energy, and resources required to help you win or settle your case. 

Who to Sue After a Family Member Dies

Anyone responsible for killing a family member can be held liable in a lawsuit. For instance, if your family member died in an auto accident, you may sue the motorist who caused the incident. Or, if your family member died at work, you may hold their employer accountable. 

A wrongful death attorney learns as much as they can about a case. This allows the lawyer to determine who is at fault. The lawyer can then submit a claim against any at-fault parties. 

There can be times when two or more parties are responsible for the loss of a family member. A wrongful death lawyer can help you request compensation from these parties. They will make sure your claim is filed promptly to help you secure damages as quickly as possible.   

Who Can File a Claim After a Family Member Dies

Washington has rules in place relating to the beneficiaries of a wrongful death action. In accordance with Washington law, you can pursue damages for the loss of a family member if you are related to the decedent in any of the following ways:

  • Child
  • Parent
  • Sibling
  • Spouse
  • State-registered domestic partner

 

A Yakima wrongful death attorney can answer frequently asked questions about who can file a lawsuit. They can also go over your chances of winning a wrongful death suit and what to do to present a compelling argument. Along with these things, your attorney will make sure you ask for the most damages you can get.  

How to Calculate the Damages for Your Claim

In a wrongful death case, you can ask for any amount of compensation. Wrongful death lawyers typically help their clients calculate the damages they have incurred. They may even use a wrongful death settlement calculator. 

The compensation you request in a lawsuit depends on your economic and non-economic losses. Economic losses relate to loss of income and insurance benefits, medical and funeral expenses, and other quantifiable damages. Comparatively, non-economic losses involve pain, suffering, loss of companionship, and other subjective damages. 

Wrongful death attorneys encourage their clients to pursue large settlements. Your Yakima wrongful death attorney will work with you to calculate your damages. They will help you request a reasonable amount of damages — and they will work hard to help you get fair compensation. 

How Much Time It Will Take to Resolve Your Case

Yakima wrongful death law firms help their clients establish realistic expectations. When you file your lawsuit, your case may take months or years to resolve. Fortunately, your lawyer works in lockstep with you during this time to strengthen your case. 

If you partner with Yakima wrongful death lawyers who know the ins and outs of the legal system, you are in a great position. Your wrongful death law firm can help you gather and evaluate evidence to support your request for damages. They can explain what can happen when your case goes to trial, too. 

The best Yakima wrongful death attorneys want their clients to ask questions. That way, an attorney and their client can work together to build a case. They can also resolve the case in as little time as possible. 

When a Wrongful Death Case Gets Settled Outside of Court

Over the course of your litigation, you and your attorney may receive settlement offers from the defendant in your case. For example, you may have a wealth of evidence to show that the defendant was negligent, which caused your family member to die. In this scenario, the defendant may offer to pay a portion of the damages that you initially requested to avoid a trial. 

If you receive a settlement offer, you do not have to accept it. Your lawyer can discuss your settlement proposal with you. They can help you take an in-depth look at the proposal and review it from all angles. 

You should only accept a settlement proposal if it gives you sufficient compensation. If you believe a settlement offer is less than what you could get if you go to trial, you can decline the proposal. Your lawyer can notify the defendant about your decision, and you and your attorney can continue to prepare for your trial date. 

How a Judge or Jury Decides Your Case

The judge or jury in a lawsuit has a lot to consider. They will review evidence from the plaintiff and defendant. Also, they must decide if the plaintiff will be awarded damages — and if so, how much. 

Your attorney works diligently to advocate for you and protect your legal rights during your trial. They explain why you deserve to be awarded full damages. Your lawyer disputes any claims from the defendant’s lawyer, too. 

Once the judge or jury hears from all parties involved in your case, they make a decision. In the best-case scenario, a judge or jury will understand your point of view and agree with your argument. This can lead the judge or jury to award you 100% of the damages you requested. 

How Contributory Fault Applies to Wrongful Death Cases in Washington

The principle of “contributory fault” can impact the damages you receive in a Washington State wrongful death lawsuit. If the defendant in your case was solely responsible for your loved one’s death, you can be awarded full damages. On the other hand, if your family member was partly responsible for their loss of life, the amount of damages you are awarded can be reduced by their percentage of fault. 

For example, you can request $10,000 in damages in a lawsuit. The judge or jury in your case may find that the defendant is 80% responsible for your family member’s death. If this happens, you will receive $8,000 — or 80% of the compensation you originally requested. 

Your attorney does everything they can to show a judge or jury that you deserve the maximum amount of compensation. They build an argument that leaves no room for doubt. By doing so, they can compel a judge or jury to rule in your favor. 

What to Look for in a Wrongful Death Attorney

Many law firms claim to have the best wrongful death attorneys on staff. Yet, when it comes time to go to trial, these firms may struggle to deliver the results their clients want. If you know how to search for a wrongful death lawyer in Yakima, you can hire an attorney who is committed to your legal success. 

As you look for a wrongful death attorney in Yakima, here are three factors to consider:

1. Case Experience 

Select a lawyer who has handled dozens of similar cases. This attorney can share their legal knowledge with you. They also apply what they know to your case. 

To learn about an attorney’s case experience, check out what past clients are saying about the lawyer. Oftentimes, an attorney can provide testimonials that give you insights into what it is like to work with them. These testimonials can help you decide if a lawyer has what it takes to represent your best interests. 

Do not hesitate to ask a lawyer about their case experience, either. The best attorney has no issue with answering questions about their experience in cases similar to yours. They can even explain how they will approach your case and help you get the damages you want. 

2. Verdicts and Settlements

Find a lawyer who has an outstanding track record in lawsuits in which a plaintiff sues someone due to the loss of a family member. The ideal attorney likely has helped past clients get the best possible case results. They can share details about these results, so you can get a good idea about what can happen if you let this lawyer represent you. 

Along with providing information about past verdicts and settlements, an attorney can explain how it helped its clients achieve their desired results. Your lawyer can walk you through their approach to lawsuits. They can then explain how they will help you get compensation from any at-fault parties in your case.  

3. Communication Skills

Partner with a lawyer who understands the value of communication. Your attorney should teach its employees about legal topics through the use of videos and other materials. They should also take as much time as needed to address their clients’ legal concerns and questions. 

Of course, your attorney should keep you in the loop at each stage of your case. If your attorney gets a settlement offer or has any other case updates, they should immediately share them with you. At the same time, if you ever need legal help, your attorney should be accessible. 

Do not rush through the process to identify the right attorney. It often helps to schedule a meeting with a lawyer to discuss your case and get their insights into it. If you find that a lawyer has what it takes to represent you, hire this attorney, and you can start building your argument. 

File Your Yakima Wrongful Death Claim

Brumback & Ottem is here to help you with your wrongful death claim. To get started, please contact us today. 

FAQs

Who may file a wrongful death suit?

Although unique circumstances may allow a claim to be initiated by someone other than the immediate family if he/she was supported by the decedent, nearly all wrongful death suits are initiated by a spouse or other close family member. Your wrongful death lawyer in Yakima will assess the total monetary value of your claim either by adding values for the above expenses or choosing to review regional or national legal publications for similar claims and liabilities; this gives a statistical weight to your claim.

What's the first step in preserving my claim?

It's critical that you document, insofar as possible, all the circumstances, injuries, bills, or other evidence you are using to substantiate your claim. Remember these tips:

  • Obtain the name, phone number, address, and insurance information from each party that contributed to the wrongful death
  • Avoid interviewing accident witnesses; merely record their contact information
  • Keep a daily journal from the date of the accident to the present (use it to document the deceased's physical, mental, and emotional injuries, and to record your perspectives)
  • Avoid signing anything for an insurance adjuster or negotiating any settlements
  • Locate an experienced wrongful death lawyer; Yakima claimants need to file within specific time limits (see below)

How do I manage current bills?

To allow you appropriate, continuing medical care and to protect your credit rating, you need to pay bills immediately. Your lawyer will coordinate paperwork for current medical insurance, state or federal medical programs, and/or health care providers and collection agencies; we also work to hold collection of bills until after the claim is settled.

Is there a time limit to file my claim?

Washington State generally allows a claimant three years in which to file a wrongful death claim. Check with your lawyer to be certain the statute of limitations allows this, as some instances require two years or less after an accident causing death.

What happens during the insurance claim process?

Because insurance companies are businesses, their goal is profit. An insurance adjuster's goal is to settle your claim for the lowest minimum possible. Conversely, a personal injury lawyer wants to settle for the maximum allowed amount.In its simplest framework, the insurance claim process aims to complete these tasks:

  • Information collection
  • Reserves establishment
  • Damages evaluation
  • Settlement negotiation
  • Trial defense (bottom priority)
Insurance companies generally don't make the claims process easy. That's why it's important to have a good lawyer on your side.

What do I do if the parties who caused the injury are uninsured?

It is important to work with a reputable attorney to find out about any uninsured parties. Although these cases can be difficult, a good lawyer can find other avenues of compensation such as underinsured motorists' coverage, joint and several liability, and the Crime Victim's Compensation Program. Because of the challenges involved in this scenario, it's critical to hire an experienced wrongful death lawyer for Yakima area victims.

What should I do next?

Because all these processes are complex, your best advocate is a wrongful death lawyer. Yakima claimants don't know the insurance process the way we do. Let us save you the worry and aggravation. Call us at 509-457-7777 today and schedule a consultation.