In Washington, a wrongful death is denied by avoidable circumstances. The specifics of Washington law dictate that the wrongful death occurs due to a wrongful death, neglect of the victim, and a failure on the part of the defendant. The laws provide the family of the victim the right to file a lawsuit against the accountable party. A wrongful death lawyer in Bellingham, WA can help the families.
Was the Fatality Avoidable?
Avoidable circumstances could include but are not limited to criminal acts, neglect by a caregiver, and a failure to mitigate dangerous risks. A wrongful death by default indicates that the plaintiff didn’t directly cause the victim’s death; however, an indirect action or no action did.
Proving Cause of Death
An autopsy is necessary in these cases to define the exact cause of death, which must be associated with the event identified in the legal claim. The findings of the autopsy are presented to the court during the trial. A forensic pathologist explains these findings to show how the identified event produced the death of the victim.
State Code That Applies to Children
Washington Code Section 4.16.080 applies to children who were the victim in a wrongful death lawsuit. Under the state code, both parents have a legal right to file a claim. However, both parents must provide support for the child. The law is in place to prevent parents who aren’t a part of the child’s life from accessing compensation. If parents are divorced or separated, the petitioner must provide a copy of the claim to their former spouse.
Statute of Limitations
The statute of limitations for wrongful death claims is three years from the day of the victim’s death. The family cannot file a claim after the third anniversary. Failure to take action forfeits all rights to any compensation in the future.
In Washington, a wrongful death lawsuit results from a failure to prevent a fatality. The lawsuits can relate to any type of personal injury. This could include medical malpractice, auto accidents, product liability, premise liabilities, and work-related injuries. Families who need to start a claim should contact a wrongful death lawyer in Bellingham, WA or visit the website right now.
