In Washington, wrongful death is defined as a fatality that could have been prevented or avoided altogether. The fatalities in the cases are often caused due to a criminal act, medical malpractice, or negligence. A Wrongful Death Lawyer in Tumwater WA assists families after they lose a loved one due to another party’s actions or failures.
Proving the Liability of the Defendant
In a wrongful death case, the defendant must commit a crime or fail to provide the victim a proper duty. The type of personal injury case linked to the wrongful death lawsuit determines where the liability lies. For example, a medical malpractice case must show that the doctor committed an act of malice or their actions produced the fatality. Inadequate healthcare and improper training are common liabilities identified in a wrongful death lawsuit.
Linking the Defendant to the Victim’s Death
The evidence used in the case must link the defendant to the victim’s death. For example, in a car accident, the at-fault driver must commit a moving violation such as DUI to be accountable for wrongful death. The cause of the accident must be an unlawful action and cannot be the fault of a different party.
Calculating Losses for Families
The family must provide all expenses incurred due to the fatality. The most common costs are the funeral and medical expenses for the victim. However, if the victim provided support for a family or spouse the monetary losses could include lost wages and financial support for the claimant.
Tort-Based Rulings Used in Wrongful Death Cases
Tort-based rulings for wrongful death could include mental anguish, pain and suffering, and a loss of companionship. The court reviews the tort-based allegations and determines whether or not the claimant qualifies for the monetary awards.
In Washington, wrongful death cases assist families after the loss of a loved one. The cases provide a legal avenue to collect financial losses that are linked to a fatality. In some cases, the family could receive an economic award through a civil lawsuit as well as restitution through a connected criminal case. Families that need help from a Wrongful Death Lawyer in Tumwater WA can click here for more details today.
