The premature and unexpected death of an individual can affect numerous other parties. Their passing could impact their immediate family members and close friends by causing profound grief. Employers and business partners may also feel the impact of the tragedy both emotionally and financially.
The entire community that developed around an individual may shift after their sudden and preventable death. Under Washington state laws, it is sometimes possible for those left behind after a tragedy to pursue justice through the civil courts. Wrongful death lawsuits can provide compensation for end-of-life medical expenses and funeral costs.
The person or business to blame for the tragedy may have to compensate affected individuals for a loss of household income and other verifiable financial consequences. However, the courts typically only allow one wrongful death lawsuit regardless of how many people feel the impact of the tragedy.
Who usually has the option of initiating a wrongful death lawsuit after a tragic incident in Washington?
Only one party has the power to file
Many states assign the authority to file a wrongful death lawsuit to the immediate family members of the decedent. It is often a surviving spouse or grieving parent who initiates a wrongful death lawsuit. However, the approach to such litigation is a bit different in Washington.
Instead of placing that burden on immediate family members who may struggle with their grief, the courts instead make the personal representative of the decedent’s estate responsible. It is their job to pursue a wrongful death lawsuit against the business or person who caused the tragedy if a lawsuit is even an option.
Typically, the personal representative of the deceased person’s estate needs evidence showing that negligence, omissions or wrongful acts caused the death. They also need financial records that support their claim requesting specific amounts of compensation.
If the lawsuit is successful, the personal representative may use the proceeds to cover estate expenses. They may also need to distribute any remaining funds among the immediate family members or beneficiaries of the decedent.
Wrongful death lawsuits often provide closure for those grieving a sudden tragedy. They can also help diminish the financial impact an unexpected passing has on others. Those who understand the rules for such lawsuits can seek justice after losing a loved one suddenly.
