Wrongful Death Injury Team
Many families have suffered the loss of a loved one due to an accident that was caused by the negligence of another person or an entity. This kind of loss is called a wrongful death and can bring devastation to family members, both emotional and financial. Wrongful death claims can be filed by a Kadish Twersky wrongful death attorney on behalf of the grieving family. An experienced wrongful death claims attorney understands that the family of the deceased is likely suffering serious financial loss due to medical expenses and the cessation of an income they relied on to pay normal household expenses. The effects of a wrongful death can be devastating in so many ways.
You should never allow the negligence of others to go unquestioned when that negligence resulted in a death. You have the right to compensation for the wrongful death of a family member or loved one. The Kadish Twersky wrongful death attorneys bring more than 75 years of combined legal experience to wrongful death claims. We represent families and loved ones in a positive, supportive manner during this difficult time. We can help you recover the damages you deserve; our recent merger with Palace Law brings even more experience and knowledge to the table to be used to your advantage.
Primary Causes of Wrongful Deaths
The primary cause of wrongful deaths among those under the age of thirty-five is auto accidents. Medical malpractice, falls, accidents in the workplace, industrial accidents, manufacturing defect accidents, boating and swimming accidents, train accidents, and asbestos exposure are among the remaining top reasons medical malpractice claims are filed.
Manufacturing Defects Leading to Wrongful Deaths
When a manufacturer is aware of a specific defect in a product it produces, yet does nothing about it, the safety of consumers is put at serious risk. In many cases of wrongful death caused by a manufacturing defect, the courts will award additional compensation, known as punitive damages. Punitive damages are meant to discourage big businesses from willfully repeating harmful actions. Some of the most common manufacturing defects include roadways with poor designs, airbags which fail to deploy, tires with defects, seatbelt or brake failure, rollover accidents leading to roof crush, children’s toys with lead or other toxic components, and defects in power tools, farm equipment, and lawnmowers.
The Most Important Decision
The single most important move a family who has lost a loved one can make at this difficult time is to hire a highly experienced Washington State wrongful death lawyer. The experienced wrongful death attorney can handle all the legal complexities associated with the claim, allowing the grieving loved one’s time to heal. The extra burden of attempting to obtain wrongful death damages can simply be more than most grieving families can handle.
Your Washington State wrongful death attorney will ensure your family receives an equitable settlement for the death of your loved one. When defendants balk at paying what they should, your lawyer can file a complaint with the courts to set a wrongful death lawsuit in motion. This complaint will list the reasons the defendant is being sued as well as the laws supporting those claims.
Issues Which Determine Whether a Family Can Bring a Wrongful Death Suit
In order to file a wrongful death suit, the attorney for the family must be able to show that there are compensable damages that can be clearly documented. Next, the lawyer must be able to identify a third party who was directly responsible for the untimely death of the victim through their negligence or unlawful conduct. Finally, the lawyer will determine whether there is standing. Those who have standing to bring a wrongful death suit are generally the family or heirs of the deceased. In the state of Washington, the law allows the following parties to file a wrongful death claim:
- The personal representative of the deceased person’s estate;
- The spouse or state-registered domestic partner of the deceased person, or
- The child, children, or stepchildren of the deceased.
If the deceased person has no spouse, no state-registered domestic partner, and no children or stepchildren, the parents, sisters, or brothers of the deceased may file a wrongful death claim.
The Difference between a Personal Injury Lawsuit and a Wrongful Death Lawsuit
Personal injury cases base their award on the needs of the victim so far as their medical expenses, lost wages, and any possible pain and suffering. A wrongful death lawsuit considers the present and future needs of the victim’s family. The intent of a wrongful death settlement is to help a family—on a financial level—who has been hit with a sudden, unexpected loss, to rebuild their lives.
The settlement in a wrongful death lawsuit takes the wages the deceased would have earned in the future into consideration as well as all funeral or burial expenses. In some cases, loss of a companion or the grief suffered by the family can factor into the compensation amount as can mental anguish, which requires recurring counseling sessions.
Wrongful Death Claims Can Be Full of Complexities
It is extremely important that the family of the deceased have an aggressive yet compassionate attorney on their side who will work hard to get them the financial settlement they deserve. It is rare that insurance companies offer an equitable settlement without benefit of a Washington State law firm fighting hard for the future of the family. An experienced wrongful death attorney—like those at Kadish Twersky—can fully explain your rights, determine whether you have standing to bring a wrongful death suit, and evaluate the merits of your case.
Additionally, our lawyers can estimate your potential settlement based on the facts of your case We will educate you on the process of filing the claim and—most importantly—we will handle all the details of your wrongful death claim in order to give you the time you need to recover from your loss. Contact Kadish Twersky today—we will help you find the justice you deserve for the loss of your loved one.