There are strict limitations on who is permitted to file a claim for wrongful death, and the rules can vary by jurisdiction and circumstance. Under most states’ laws, only some family members are allowed to file a claim, such as spouses, children, and parents of the deceased. A Wrongful Death Attorney in Olympia WA can answer questions about claims eligibility.
Determining Eligibility to File a Claim
While wrongful death laws can seem straightforward, issues exist as to who can file a claim. Despite the narrowness of the above-listed categories, the lines can still get blurry.
* Spouses: Whether a couple was legally married or regarded as such under common law, a surviving spouse can file a claim. This is true even in cases where the couple was separated, divorced or remarried at the time of death.
* Children: This group includes adopted and biological children, regardless of age. While legally adopted children can file claims for the loss of an adoptive parent, they are typically barred from pursuing claims for a biological parent’s death.
* Parents: This class includes adoptive and divorced parents, but step-parents and foster parents are excluded.
To ensure that the right parties are i
nvolved, it is important to consult a Wrongful Death Attorney in Olympia WA. These attorneys can explain clients’ options, help families work their way through the details and explain the family’s legal rights.
Causes of Action
Wrongful death statutes provide that a person can be held liable for damages arising from injuries that cause death if those injuries were caused by neglect, carelessness, default or a wrongful act.
Damages
The following section outlines the recoverable damages in wrongful death cases.
* Pecuniary losses are the loss of maintenance, care, support, advice, and inheritances that a party would have received if the decedent had lived
Loss of society and companionship is the loss of benefits arising from the society, comfort, and love that the plaintiff would have received if the decedent survived
Mental anguish is the torment and suffering experienced by a plaintiff due to the person’s death
Lost inheritance is the loss of the value of assets that the deceased would have left to the plaintiff
Punitive damages are available in limited circumstances during a wrongful death case, and they are meant to deter grossly negligent behavior. Contact us to learn more or to set up an initial consultation.
