Wrongful Death
In times of loss, our wrongful death lawyers are here to offer strength, guidance, and relentless advocacy for your family’s future
Losing a loved one, especially when it’s the result of a preventable accident or illness caused by another person’s action or inaction, is an experience none of us want to endure. The emotional toll of such an event will always outweigh any other consideration, including financial recovery or punishment of those responsible. Despite this, we at BGN Attorneys will do what we can to sensitively and professionally help you heal and recover from the loss of a loved one by helping you navigate the process of financial recovery from those who are responsible and liable. A “wrongful death” lawsuit, filed on behalf of the estate or survivors in Washington or Idaho is often a key part of the recovery process, and when resolved, can help people working through the loss of a loved one to feel finality and move forward with their lives.
At BGN Attorneys, our wrongful death attorneys in Washington or Idaho understand what you are going through and will persevere to obtain the best possible legal outcome for you. When you are ready to discuss how we can help you through this process, contact us at 866-324-6529 to schedule a free consultation.
If you would like to understand more about wrongful death claims and how to better understand them, here’s an overview of wrongful death actions in Washington or Idaho.
What Constitutes a Wrongful Death Lawsuit in Washington or Idaho
When someone dies as a result of the negligence or misconduct of another person, the family of the deceased person may file a wrongful death claim against the person or company at fault. A wrongful death lawsuit is a civil lawsuit brought against an individual, company, or even a government agency.
In a wrongful death claim, a plaintiff can seek compensation and payment for things like:
- lost companionship, friendship, and time with your loved one
- loss of the relationship between spouses, or between parent and child
- lost income
- medical expenses
- funeral and burial expenses
- pain and suffering of the person who died, or of those with them.
While the specific laws vary between states to establish a wrongful death claim, a plaintiff generally needs to show the cause of death by showing these legal requirements:
- The defendant owed a duty of care to the person who passed away (also referred to as the decedent).
- The defendant breached this duty of care (meaning they broke a rule, a commonly accepted safety standard in society, or acted in a way that a reasonable person would not act).
- This “breach of duty” caused the death.
- The death was untimely, early, unexpected, or otherwise would not have happened, had it not been for the breach of duty.
- The damages because of the death, such as those listed above.
Each one of these requirements has to be presented and proven in court. A judge or jury will decide if a person has provided enough evidence, or enough credible or believable evidence, to decide if the requirements are met. In some cases, BGN Attorneys will work with a judge to file motions or requests to a judge to find that one or several of these is proven or admitted before trial, making trial less complicated.
Beyond these fundamental requirements, not everyone who has experienced the loss of a loved one can file a claim for wrongful death. Read further to see if you meet the legal requirements in Washington or Idaho to file a wrongful death claim.
Who Can File a Wrongful Death Claim in Washington or Idaho?
Wrongful death lawsuits are usually brought by a representative of the decedent’s estate (often called the executor or personal representative of the estate) on behalf of or with survivors who suffered as a result of the death.
The definition of a real party in interest depends on the jurisdiction. In most states, they are the immediate family members of the decedent, including:
- Wives
- Husbands
- Children
- Parents of young children
Many states also recognize life partners who were financially dependent on the decedent.
In Washington, the law only allows certain people to bring a wrongful death claim. The law, found at RCW 4.20.020, allows the following to bring a wrongful death claim:
- A spouse
- A state-registered domestic partner
- Children or step-children (including adopted children)
- Parents of unmarried or young children
- Siblings of an unmarried or young sibling
In Idaho, the law only allows a larger selection of people to bring a wrongful death claim. The law, found at Idaho Code 15-1-201, allows the following to bring a wrongful death claim:
- A spouse
- Children or step-children (including adopted children)
- Parents
- Other blood relatives (including siblings, cousins, aunts, uncles) who are or were dependent on the decedent
- “Heirs” meaning those who would have inherited from the decedent under Idaho law, where there was no will
Relationships beyond immediate family members or state-registered partners may need to provide proof of their dependence on the person who has died, in order to show that they are entitled to recover for the wrongful death. For example, if a blood relative in Idaho was receiving support from the decedent, bank records, text messages, letters, and copies of checks could show that a relationship existed and that the blood relative was dependent on the decedent.
Common Causes of Wrongful Death Claims in Washington or Idaho
Wrongful death claims can arise out of any sort of situation where someone passes away unexpectedly. The most common issues we see in wrongful death cases are as follows:
- Car accidents, especially those involving drunk drivers. If the case involves intoxication, the lawsuit may also name the person who served the driver alcohol as a defendant
- Other auto accidents or related-auto accidents, including those involving commercial trucks, semi-trucks, motorcycles, boats, pedestrians, and bicyclists
- Medical malpractice, misdiagnosis, surgical mistake, prescription error, birth injury, or any similar harm
- Product liability, e.g., a defective medication causes someone’s death
- Airplane accidents, where the airline, plane manufacturer, or pilot may be named as defendants
- Workplace accidents or construction accidents, including deaths caused by falls, falling objects, improper training, or exposure to toxic substances
- Premises liability accidents, e.g., a slip and fall or another accident occurring on someone else’s property
What Are Common Defenses to Wrongful Death Claims in Washington or Idaho?
A defendant may try to avoid liability or taking responsibility, especially in situations where acceptance of fault can lead to guilt over causing the death of another. Navigating these cases is difficult, especially when someone is also being prosecuted in criminal court for the death they caused. If you have lost someone you love, it is important to know what potential defenses you may hear the defendant claim so that you can be prepared to understand and combat them.
Some common defenses include:
- Expiration of the statute of limitations, where the plaintiff has filed their claim beyond the deadline and is now ineligible to recover. This is the MOST COMMON defense we see when we are approached with wrongful death claims, because many people are suffering too much, emotionally, to file a claim in a timely manner after the death of a loved one. The only way to avoid this defense is to file a claim before the statute of limitations runs out.
- Comparative or contributory negligence, where the defendant alleges the decedent’s negligence contributed to their death. This is also a common claim, especially in traffic collisions or car accidents, because of the inability to prove or know all the facts related to a wreck. The best way to combat claims of contributory negligence is to have a clear and professional investigation into the cause of a wreck.
- Assumption of risk, where the decedent knew about the risk associated with an activity or signed a waiver or release accepting it. This defense often arises when someone has “signed a waiver” or otherwise agreed to participate in an activity, but it is important to know that merely signing a waiver does not excuse the negligence or carelessness that can cause someone to die from their conduct.
Whether a specific defense applies depends on the circumstances of the case. It’s also important to remember that just because a defense is invoked, it does not mean you can’t argue against it. When a defense is invoked, the defendant must prove it.
The standard of proof in a wrongful death action is the civil standard of a preponderance of the evidence. In other words, it is more likely than not that the defendant’s actions resulted in the wrongful death. This same standard applies to the defenses that are argued. If a defendant cannot prove, more likely than not, that the decedent contributed to their injuries or death, the judge or a jury will not accept that argument.
Contact a Wrongful Death Attorney in Washington or Idaho Today
If you lost a loved one and believe you may have a wrongful death claim but are unsure, BGN Attorneys can help you understand what your legal options are.
As noted above, the statute of limitations is the most common defense that defendants argue against a wrongful death claim. It is difficult to act quickly and file a lawsuit for wrongful death because of the emotional toll that losing someone can take. We want to do our best to understand and to avoid causing you more pain, but if you feel that pursuing a wrongful death claim will be of benefit to you, please reach out as soon as you can to discuss your loved one and how their loss has impacted you. The statute of limitations begins running at the time of death. To discuss your case and find out how long you have to file a claim, contact BGN Attorneys today by filling out the online form or calling us at 866-324-6529. We will arrange a free consultation between you and our wrongful death attorney so that you can get the legal advice and representation you deserve.