Losing a loved one in a car accident can be an incredibly painful experience. Unfortunately, this type of tragedy happens all too often on the roads of Washington state. If you believe that your loved one’s death was caused by the negligence or recklessness of another driver, you may be able to pursue a wrongful death claim.
A wrongful death claim is a legal action that seeks to hold the party responsible for a death accountable for their actions. In the case of an auto accident, this may involve filing a claim against the driver who caused the accident, their insurance company, or other parties who may be responsible for the accident, such as a government agency responsible for maintaining the roads.
To pursue a wrongful death claim in Washington, you must be able to prove that the other driver’s negligence or recklessness directly caused your loved one’s death. This may involve gathering evidence such as eyewitness testimony, police reports, and medical records. You will also need to demonstrate that you have suffered a loss as a result of your loved one’s death, such as lost income, funeral expenses, or the loss of companionship and support.
In Washington, there is a three-year statute of limitations for filing a wrongful death claim. This means that you have three years from the date of your loved one’s death to file a claim. If you do not file a claim within this timeframe, you may be barred from pursuing legal action.
If you are considering pursuing a wrongful death claim in Washington, it is important to work with an experienced personal injury attorney who can guide you through the process. Your attorney can help you gather evidence, negotiate with insurance companies, and represent you in court if necessary. They can also help ensure that you receive the maximum compensation possible for your loss.
It’s important to note that Washington State follows a pure comparative fault system. This means that if your loved one was partially responsible for the accident, their percentage of fault will be deducted from any compensation you may receive. For example, if your loved one was found to be 30% at fault for the accident, any compensation you may receive will be reduced by 30%
Wrongful death claims involving auto accidents can be complex, and the compensation you may receive will depend on the circumstances surrounding the accident. Compensation may include economic damages, such as medical bills, lost income, and funeral expenses, as well as non-economic damages, such as pain and suffering, loss of companionship, and emotional distress.
It’s important to note that insurance companies will often try to settle a wrongful death claim quickly and for as little money as possible. While it may be tempting to accept a quick settlement, it’s crucial to work with an experienced attorney who can help you determine the true value of your claim and negotiate for a fair settlement.
You may also be able to pursue a survival action in Washington. A survival action is a legal claim that allows the estate of the deceased person to recover damages for any pain and suffering they may have experienced before their death. In Washington, the statute of limitations for a survival action is three years from the date of the accident.
If you have lost a loved one in an auto accident in Washington, you may be able to pursue a wrongful death claim or a survival action. Working with an experienced personal injury attorney can help you navigate the legal process and seek the compensation you deserve. While no amount of money can ever replace your loved one, pursuing legal action can help bring closure and hold the responsible party accountable for their actions.
Paukert & Troppmann, PLLC is a personal injury law firm located in Washington State that can help with wrongful death claims in auto accident cases. Our experienced attorneys have successfully represented numerous clients in wrongful death cases, and we have the knowledge and skills to help you navigate the legal process.
Here’s how we can help:
Investigating the accident: Our attorneys can conduct a thorough investigation into the circumstances surrounding your loved one’s death. This may involve gathering evidence, interviewing witnesses, and consulting with experts to determine the cause of the accident.
Establishing liability: We will work to establish liability by identifying the parties responsible for the accident. This may involve filing claims against the other driver, their insurance company, or other parties who may be responsible for the accident, such as a government agency responsible for maintaining the roads.
Determining the value of your claim: We will work to determine the true value of your claim by taking into account factors such as lost income, medical expenses, funeral expenses, and non-economic damages such as pain and suffering and loss of companionship.
Negotiating with insurance companies: We will negotiate with insurance companies on your behalf to ensure that you receive fair compensation for your loss. If necessary, we can also represent you in court to fight for your rights.
Providing emotional support: We understand that losing a loved one is an incredibly difficult experience, and we are here to provide emotional support as well as legal guidance. We will be with you every step of the way to answer your questions and provide the support you need.
At Paukert & Troppmann, PLLC, we are committed to helping our clients seek justice for their loved ones. If you have lost a loved one in an auto accident in Washington, contact us today to schedule a free consultation and learn more about how we can help.