Wrongful Death

What is a Wrongful Death Claim?

A wrongful death refers to a fatality that occurs because of the negligence or misconduct of another person. A wrongful death is a type of personal injury. Personal injury law holds one person accountable for causing damages to another person. Wrongful death cases arise from a variety of circumstances including vehicle crashes, defective products, and construction site accidents. Whatever the cause of a wrongful death, the impact on the survivors can be devastating. A void is felt by everyone who must continue on without the companionship and support of their loved one.

A wrongful death claim against a negligent party is generally initiated by or on behalf of the spouse, children or family of the decedent or made by the deceased's estate. Negligence must be established. Brett & Coats lawyers are skilled at helping clients prove the four critical components of negligence:

1. The defendant had a duty to the deceased,
   
2. The defendant failed to perform that duty,
   
3. The fatality was caused by the defendant's breach of duty, and
   
4. The survivors have suffered damages as a result of the loss.

In addition to establishing negligence, the future life expectancy of the deceased must be presented to establish the loss of future earnings. The relationship of the survivors with the deceased must also be effectively communicated. Powerful presentation of the emotional loss is critical to a fair damage award.

Damages recoverable depend on which of Washington’s four statues govern damage calculation. This brief summary will outline the legal requirements to quality and explain the measure of damages under each.

Child Death Claims

Of special interest is the unique Washington statute for death of a child (RCW 4.24.010). The decedent must be a minor or child on whom either or both parents are dependent for support, or a viable fetus.

Damages are broadly defined to include “…loss of love and companionship of the child and for injury to or destruction of the parent-child relationship in such amount as under all the circumstances of the case may be just.”

This broad language has been interpreted to include parental grief, mental anguish and suffering. Significantly, computation of damages is not limited to the child’s minority. In addition, medical, hospital, medication and related expenses and loss of service and support are recoverable.

General Wrongful Death Statute

Broadly defined damages are also recoverable for certain adults under the General Wrongful Death Section (RCW 4.24.010). This section is brought by the personal representative on behalf of, “…the wife, husband, child or children…” of deceased. Adult decedents who are single or without children do not qualify here. But for decedents with a surviving spouse or child, “The jury may give such damages as, under all circumstances of the case may be just.” Whether an adult decedent has dependants dramatically effects wrongful death verdicts.

General Survival Statue

Unmarried decedents without dependents may recover under the General Survival Statue (RCW 4.20.046). The claim is brought by the personal representative for the decedent’s estate. Damages include the present value of future net earnings had he lived a normal life expectancy. In calculating the net earnings, the effect of income taxation is not deducted from gross earnings.

Special Personal Injury Survival Statute

Care must be taken with the Special Personal Injury Survival Statute (RCW 4.20.060) because of the potential to duplicate damages recoverable elsewhere. However, it is useful in representing survivors who might not qualify for damages under other statues. The claim is brought on behalf of the spouse of surviving children, and if there is no surviving spouse or issue, the claim may be brought on behalf of certain other family members. – “…If there is dependant upon the deceased for support resident within the United States at the time of decedent’s death, parents, sisters or brothers…” The loses include medical, hospital and funeral expenses and earnings lost prior to death.

In sum, the measure of damages available to survivors in Washington vary significantly and depend significantly on the age, martial status and parental status of the decedent. This brief summary of damages available in a Washington Wrongful Death action lack the detailed analysis available only through a consultation with an experienced practitioner. Brett & Coats lawyers are available for consultation on these and other legal issues of interest to individuals with a loved one who has died due to the negligence of another.
 

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