Archive for the ‘Lynnwood Wrongful Death’ Category

Wrongful Death in Washington, RCW 4.20.010, provides for a cause of action in the event of a wrongful death of a family member and loved one. When the death of a person is caused by the wrongful act, neglect or the fault of another, his or her personal representative may maintain an action for damages against a person or entity which is responsible for causing the death of another. The lawsuit may be filed on behalf of all beneficiaries providing they are statutory beneficiaries and have a right to recover compensation under our statute in Washington.

Continue reading about Washington Wrongful Death Claims or contact an Seattle personal injury attorney at our firm for your free and confidential consultation.

Wrongful Death in Washington, RCW 4.20.010, provides for a cause of action in the event of a wrongful death of a family member and loved one. When the death of a person is caused by the wrongful act, neglect or the fault of another, his or her personal representative may maintain an action for damages against a person or entity which is responsible for causing the death of another. The lawsuit may be filed on behalf of all beneficiaries providing they are statutory beneficiaries and have a right to recover compensation under our statute in Washington.

RCW 4.20.020 entitles all beneficiaries to join in a wrongful death claim on behalf of the estate of the deceased. The action shall be for the benefit of a wife, husband, child or children, including step-children of persons who death shall have been so caused. If there is not a wife, husband or child, a wrongful death action may still be maintained for the benefit of parents, sisters or brothers, providing each are dependent upon the deceased person for support and who are residents within the United States at the time of the death.

More from Lynnwood wrongful death lawyer.

Q. What is a wrongful death?

A. Whenever someone dies as the result of negligence, a defective product or a deliberate act, a wrongful death has occurred.

Q. What is the difference between a wrongful death and a murder?

A. Wrongful death is a civil claim in which a person, loved one or family member seeks to recover a judgment as compensation for the passing of a loved one. Murder is a criminal judgment which seeks to compensate loved ones by punishing the perpetrator through time in prison. In some cases, while proof beyond a reasonable doubt cannot be proven, civil liability can still be secured.

Q. Who can sue for wrongful death?

A. In the state of Washington, the spouse and surviving dependent children may file a wrongful death claim. If the person who died is a dependent child, the parents may file a child death claim. Also, the personal representative of a deceased person’s estate may sue for damages. Under the Special Personal Injury Survival Statue, adult dependents can sue for damages as well (for example a parent who is dependent upon a child for care or support). A child can bring a claim for the loss of a parent even if the adult child is not dependent on the parent for support.

Contact a Lynnwood Wrongful death attorney at our firm today.

Q. Who can sue for wrongful death?

A. In the state of Washington, the spouse and surviving dependent children may file a wrongful death claim. If the person who died is a dependent child, the parents may file a child death claim. Also, the personal representative of a deceased person’s estate may sue for damages. Under the Special Personal Injury Survival Statue, adult dependents can sue for damages as well (for example a parent who is dependent upon a child for care or support). A child can bring a claim for the loss of a parent even if the adult child is not dependent on the parent for support.

Read more FAQ about wrongful death or contact a Seattle wrongful death lawyer at our firm for your free legal consultation.

Q. What kind of damages can I expect to collect?

A. In the state of Washington, this can vary considerably. In general, you can expect to collect medical costs incurred before the wrongful death took place, the cost of the funeral and burial, loss of income and benefits you would have received during the balance of the person’s expected lifetime, pain and suffering as the survivors, mental anguish, loss of companionship compensation, loss of protection and loss of inheritance if this would have occurred at a later date. Punitive damages can only be collected if malicious intent can be proven.

It is best to contact a lawyer that specializes in handling wrongful death cases to discuss your situation. It is only through a careful evaluation of your situation that an accurate answer can be given.

Read More Wrongful Death FAQ.

A federal jury has deadlocked in a wrongful death lawsuit filed by the family of a 20-year-old man fatally shot by a Washington County sheriff’s deputy in October 2006.

Testimony showed Jordan Case of Tualatin was unarmed and high on hallucinogenic mushrooms when he was killed. The lawsuit centered on whether Case entered the patrol car of Deputy Glenn Howard and was reaching for the deputy’s assault rifle.

Lawyers for Case’s family pointed to witness testimony that Case was never in the car and never reached for the rifle. They contend Howard used excessive force.

But Howard’s lawyer William Blair said the deputy acted reasonably and that evidence supports Howard’s version of the events.

“We’re never going to be able to get into Jordan Case’s head,” Blair said earlier. “What we have to do is react to his behavior.”

Jurors were unable to reach a unanimous verdict after two days of deliberations. U.S. District Judge Garr King said Monday the case can be retried in the fall.

“It’s clear that an injustice occurred in the death of Jordan Case, and we will pursue it in every opportunity and every venue as aggressively as we can,” said Case family attorney Steven Sherlag. He added he will “absolutely” retry the case.

Howard’s lawyers could not immediately be reached for comment after jurors failed to agree.

The Washington County district attorney’s office reviewed the shooting and declined to take the case to a grand jury.

Testimony showed that after consuming the mushrooms, Case entered the apartment of a female neighbor.

The woman, who did not know Case, called 9-1-1 about the intruder and told dispatchers he had admitted he was high on mushrooms. He acted strangely, would not leave, and kept trying to touch her pants and hug her, the neighbor testified. She said she got into a scuffle with the man but managed to pin him and choke him until police arrived.

The plaintiffs contended that police officers used stun guns and a beanbag rifle on Case several times but ignored opportunities to take physical control of him, both inside and outside the apartment.

Howard testified that he used his stun gun on Case as the man came toward him. But the probes didn’t immobilize Case. The deputy said he then saw Case reach into the patrol car, touching the assault rifle in its locked rack and then reaching to the floorboard for the button that releases the rack. The deputy testified that he fired his handgun and hit Case in the chest.

The young man slumped to a seated position outside the car for a couple of minutes. Then, Howard said, Case sprang off the ground and was reaching into the vehicle again. Howard said he fired additional shots, one of which hit Case in the back of the head. A medical examiner testified that Case died immediately.

If you have lost a family member and think you may have a wrongful death lawsuit on your hands contact our Washington Wrongful Death Lawyer for a free consultation.

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A Monroe fire official says a 76-year-old man has died of burns suffered when his clothes caught fire after he backed his wheelchair into an open flame propane heater during last week’s cold snap. Family members put out the flames and called for help last Friday. The King County medical examiner’s office says the man suffered burns to 40 percent of his body.

He died at Harborview Medical Center in Seattle.

Monroe Fire Department spokeswoman Richelle Risdon says it’s not uncommon to use alternative heat sources during cold winter months but notes that heating equipment is a leading cause of home fire deaths. She says it’s important to keep any flammable material at least three feet away from a heat source. If clothing does catch fire, stop, drop and roll or smother the flames with a towel or blanket.

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A wrongful death in Washinton is one of the toughest cases to settle, but it can be done with help of proper legal counsel. If a member of your family has died due to the recklessness of another there should, at the very minimum, be financial compensation. Here is a priority list of who is to inhearit a Lynnwood wrongful death settlement:

1. Spouse and no parents or children– everything to spouse.
2. Spouse and children – spousetakes the first $50,000 plus ½ of the balance of the estate if thechildren are also the spouse’s. If they are not, spouse only takes ½ of the estate. Remainder is divided equally among the children in the same generation.
3. Spouse and parents (no children) – spouse takes the first$50,000 plus ½ of the balance ofthe estate. Remainder is divided equally among parents.
4. No children but parents –parents share equally.
5. No parents — the parent’s children take all (i.e. brothers and sisters or their descendants). Shares are divided equally among the children in the same generation.

If you are unsure if you have a wrongful death claim we welcome you to schedule an initial consultation at a time and place of your convenience free of charge. Contact our Lynnwood Wrongful Death Law Firm Today.