Helping You Fight For Justice In Your Spokane Wrongful Death Case
Losing a family member in a fatal accident is a devastating experience. While nothing can undo what happened, you can pursue justice. Let me give you and your family the support and advocacy you deserve. I am Washington wrongful death lawyer Drew D. Dalton, and I am here to ensure your voice is heard.
My Spokane law firm, We Care Legal, PLLC, focuses on providing dependable legal services with a compassionate, empathetic approach. I will use all of my 16 years of experience to help you and your family through this difficult time.
What Are Wrongful Death Cases?
Wrongful death claims are lawsuits brought over deaths caused by the negligent or intentional acts of others. These cases can arise from various tragic circumstances, including:
- Fatal car crashes
- Medical malpractice
- Construction site accidents
- Nursing home abuse/negligence
- Assault
I help individuals and families in the Spokane area pursue justice in all types of wrongful death cases.
Who Can File A Wrongful Death Claim?
In Washington, the personal representative of the deceased’s estate is typically the only person who can pursue a wrongful death claim. They do this on behalf of the deceased’s spouse, domestic partner or child. If there are no such family members, a claim can be made on behalf of a parent or sibling instead.
Can You Bring A Wrongful Death Lawsuit Over A Workplace Accident?
Whether you can bring a wrongful death claim over a work accident depends on who was at fault. If the deceased’s employer was to blame, a wrongful death claim usually isn’t an option. In such cases, the only remedy typically available is a workers’ compensation death benefits claim. However, if a third party was responsible for the fatal accident, it may be possible to sue them for wrongful death.
What Damages Can You Recover?
In Washington, wrongful death claims can seek compensation for various things, including:
- Funeral and burial costs
- The deceased’s medical expenses
- Lost income and earning capacity
- The deceased’s pain and suffering
- Loss of companionship
Under Washington law, compensation amounts are to be based on what is just, and there is no cap on damages.
What Is The Time Limit On Making A Wrongful Death Claim?
In Washington, you generally have three years after your loved one’s passing to file a wrongful death claim. It’s important to act within the timeframe of this statute of limitations to preserve your rights.
How Can A Wrongful Death Lawyer Help?
A skilled fatal accident attorney can be a big help to you and your family throughout the process of pursuing a wrongful death claim. I can assist you in many ways, including:
- Investigating the circumstances of your loved one’s death
- Helping you understand your options and file relevant lawsuits
- Gathering evidence and interviewing witnesses
- Negotiating with the responsible parties and their insurers
- Advocating for your rights
- Providing you with dedicated support at every step
- Fighting for you at court, if needed
As your wrongful death lawyer, my goal is to get you and your family real justice and the compensation you need to cope with the financial impacts of your loved one’s passing.
Frequently Asked Questions About Wrongful Death Cases
Here are basic answers to a few questions you may be wondering about. I would be happy to answer your specific questions in a free consultation.
How does a DOSH/WISHA investigation impact a construction-related wrongful death claim?
A Division of Occupational Safety and Health (DOSH) investigation can provide official findings and safety citations that serve as powerful evidence of negligence to help establish third-party liability in a civil lawsuit.
When a fatal construction site accident (or any industrial accident) occurs, DOSH investigates the employer and work site under the Washington Industrial Safety and Health Act (WISHA).
If DOSH inspectors issue citations for safety violations, such as failure to provide fall protection or failure to maintain heavy machinery properly, those written citations are evidence. They may demonstrate negligence by general contractors, subcontractors, equipment manufacturers or others involved in the project.
Can your family still recover compensation if the police report says your loved one was partially at fault?
Yes. Your family could still qualify for financial compensation even if a police report or accident reconstruction assigns partial fault to your deceased loved one.
Washington state applies a pure comparative fault rule under state law. Under this rule, a judge or jury determines the total monetary damages and assigns a percentage of fault to each party involved. The court then reduces the total financial award by the percentage of fault attributed to the deceased person.
For example, if the total damages equaled $1,000,000 and the court assigned 20% fault to the deceased, the surviving beneficiaries would recover 80% of the total award, or $800,000.
What is the difference between a ‘wrongful death claim’ and a ‘survival action’ under Washington law?
A wrongful death claim compensates surviving family members for their personal losses, while a survival action preserves the deceased person’s own legal claims for the benefit of their estate.
Under Washington law, a wrongful death action allows designated statutory beneficiaries, such as a surviving spouse or children, to recover money for lost financial support, loss of companionship and funeral costs resulting from the death.
In contrast, a survival action allows the personal representative of the estate to recover damages for medical expenses and lost wages endured by the victim before death, as well as pain and suffering if qualifying statutory family members survive.
Personal injury attorneys routinely file both actions together in a single lawsuit to ensure full recovery for both the estate and the surviving family members.
Contact Me Today For Caring Legal Support
Let me stand up for you and your family when you have lost a loved one in an accident. Call 509-537-0388 or reach out to me via email to learn more about how I can help. Your initial consultation is completely free.