Tacoma Wrongful Death Lawyer
Taking legal action and filing a claim or a lawsuit after a loved one’s death may be far from your mind. Rather than focusing on recovering compensation, you are likely grieving, and handling various issues ranging from arranging for a funeral and burial, distributing your deceased’s estate, and more. We know that immediately after death, you may feel overwhelmed. At the Khan Injury Law, we encourage you to call our law offices to schedule your free consultation as soon as possible after your loved one dies. Not only can we provide you with the support that you need during this difficult time, but by taking action sooner rather than later, you improve your chances of recovering your full compensation amount.
Types of Wrongful Death Claims
Dozens of different accident types may be serious enough to lead to the death of a loved one. At Khan Injury Law, we have helped families recover the damages that they need after losing their family member to a:
- Car accident;
- Bike, motorcycle, or pedestrian accident;
- Commercial vehicle or boat accident;
- Medical error;
- Nursing home error or act of abuse;
- Slip and fall;
- Workplace accident;
- Dangerous hazard on a property;
- Defective product;
- Defective pharmaceutical; and
- Dog attack.
No matter the type of accident that your family member suffered, leading to their death, our attorneys are ready to represent you.
Who Can File A Wrongful Death Claim In Tacoma?
According to the Revised Code of Washington section 4.20.010, the only party who may file a wrongful death claim in the state is the personal representative of the deceased, and only when the death is the result of the wrongful act, default, or neglect of another.
However, while only the personal representative of the deceased may actually bring forth the wrongful death action, the action may be brought forth on the behalf of all beneficiaries, including the decedent’s wife or husband, domestic partner, child or children, stepchildren, or parents or siblings if none of the above exist and if parents or siblings were dependent upon the decedent at the time of death.
What Do I Need To Do For My Wrongful Death Claim To Be Successful?
There are a number of things that you must understand about wrongful death laws, negligence, and liability in order to bring forth a successful claim. First, you should understand the state’s statute of limitation for filing a wrongful death claim. A statute of limitation is a time limit that is placed on how long you have to file a civil action from the date of death; in Washington, this limit is three years.
You also need to understand the elements of a wrongful death claim, and how to prove each. There are four elements that must be established in order for a claim to be successful:
- Duty of care. You must prove that the defendant, against whom you are filing a claim, owed the deceased a duty of care.
- Breach of duty of care. You must prove that through an act of wrongfulness, neglect, or default, the defendant breached the duty of care they owed to the defendant.
- Causation. You must establish that the death of your loved one would not have occurred if not for the default, neglect, or wrongful action of the defendant.
- Damages. Finally, you must prove all damages for which you are seeking compensation, including things such as medical expenses, funeral and burial expenses, lost wages, loss of guidance and consortium, mental anguish, etc.
In order to prove the four elements above, it is important to work with experts and professionals, including a lawyer, who can aid you during the investigative process. You will need to work with:
- Accident reconstruction experts who can help you to determine what happened and who is to blame;
- Eyewitnesses who saw what happened and can recount these details to the insurance company or to the court; and
- Medical experts who can speak to the cause of death.
You will also likely need to work with financial experts who can evaluate your claim and the amount of economic damages you have suffered in things such as lost wages and loss of earning capacity of the deceased. A psychologist may also be necessary to provide the representative of the defense with information about the noneconomic losses that you and your loved one’s have experienced as a result of the death.
Why Should I Work With A Tacoma Wrongful Death Lawyer?
Losing a loved one is a very tragic experience. In addition to the emotional heartache that you are surely experiencing, you may also be very concerned about what comes next, who will provide for your family, how you will afford your costs of living, and what you will do without your spouse, partner, child, or parent.
While working with a wrongful death lawyer can certainly not solve all of the problems that you are facing, nor return your loved one to you, a wrongful death lawyer can provide you with a sense of comfort. Working with a lawyer is reassuring, giving you confidence as you navigate the claims process. A wrongful death lawyer also removes a huge weight from your shoulders by handling the entire claims process on your behalf, so that you can focus on more important things in life.
Call Khan Injury Law Today For A Free Consultation
At the Khan Injury Law, we understand what you are going through. We don’t expect you to call us immediately, but we want to remind you that time is ticking on the statute of limitations for filing a claim, and that the longer you wait, the more evidence that is critical to your claim that may be destroyed.
A consultation with our law firm is always free, and we never charge you upfront or hourly fees. After your consultation, you have no obligation to hire our law firm if you are not comfortable with our services or staff.
We want to help you and your family get the compensation you deserve after someone’s negligence takes the life of your family member. To schedule your free consultation today, call our law offices now, or use our online form to tell us more about your case.