Losing a loved one or family member due to the careless acts of someone else is an extremely emotional and frustrating experience. The Certa Law Group proudly advocates for all Edmonds residents who have had someone taken away from them due to negligence. We vow to fight for justice and obtain the rightful compensation that your family deserves. For assistance proving wrongful death in Washington, contact our office to schedule a free consultation.
Proving Wrongful Death in Washington | Negligence
To prove wrongful death, you must be able to show that the defendant or defendants were negligent.
- Negligence means that the defendant(s) owed a duty to the deceased. For example, all drivers have a duty to obey the laws of the road, including not getting behind the wheel if they are intoxicated.
- The defendant(s) must have ignored or breached their duty. If a driver is intoxicated and gets behind the wheel, they are breaching their duty.
- The breach of duty must be the actual cause of death for the victim. This is often referred to as the “but-for” test. But-for the driver getting behind the wheel while intoxicated and not yielding the right of way at a red light, they would not have hit the victim’s car and caused the injuries that resulted in the victim’s death.
Proving Wrongful Death in Washington | Compensation
Because we’re talking about negligence and how it is the determining factor in these heart-wrenching cases, we must also discuss what happens if the victim had any fault in the accident. Washington is a comparative fault state. The court will look at whether the victim played any part in the accident. For example, if the victim is found to be 10% at fault for the accident that caused their death, their family would likely recover around 90% of the compensation they requested.
Proving Wrongful Death in Washington | Common Cases
Wrongful death is most commonly caused by:
- Medical malpractice. This includes misdiagnosing a condition, surgical errors, medication errors, and birth injuries.
- Car, truck, pedestrian, and motorcycle accidents. These accidents can cause catastrophic injuries.
- Nursing home abuse or nursing home neglect. This may include infections, abuse, malnutrition, and other horrific conditions.
- Product liability. Unfortunately, not all products come without danger. Sometimes, those dangers are unknown. Problems such as manufacturing defects can create deadly conditions.
We know this is a difficult time for you and your family, but you are not alone. Call an experienced Edmonds wrongful death lawyer at Certa Law Group to find out if you have a case. We offer free confidential consultations and would be happy to help.