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Wrongful Death

What is wrongful death?

Wrongful death is when someone dies due to the fault of another person or entity, like a company. People, companies, and government agencies can be legally at fault for acting negligently, for failing to act as a reasonable person would have acted, and for intentional acts that cause harm.

A wrongful death claim is a special kind of personal injury lawsuit that is made when a person is killed due to another party’s negligence. This type of lawsuit seeks financial compensation for the survivors’ losses including lost wages from the deceased person, expenses including funeral and burial expenses, and lost companionship.

Who can file a wrongful death claim?

A wrongful death claim is filed by a representative on behalf of the survivors who have suffered damages from the death. These survivors can be:

  • Immediate family members including adopted children and parents of unmarried children;
  • Life partners and financial dependents;
  • In some states, distant family members like siblings and grandparents;
  • In some states, any person who suffers a financial loss from the death.

Who may be sued for a wrongful death?

Many people, companies, and agencies can be named in a wrongful death lawsuit, depending on their roles in the fatal incident. These can include:

  • The at-fault driver in a car crash;
  • The person or company that sold alcohol to a drunk driver who caused a collision;
  • The parole officer who should have been supervising a parolee who drove drunk;
  • The government agency that designed a dangerous roadway that contributed to a crash.

To successfully complete a wrongful death suit, the plaintiffs, (the deceased person’s survivors) must prove that the at-fault party owed a duty of care to the deceased, and that they failed in that duty which was the cause of the death, and that the death caused the damages that the plaintiffs are attempting to recover.

Wrongful death claims are complicated and emotionally difficult for the surviving family members. It is always advisable to find an experienced personal injury attorney to handle a wrongful death claim, so that families can focus on healing and moving forward in life as best they can.

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Everett-Bellingham WA
If a loved one has been killed while riding a motorcycle, you are suffering too

If a loved one has been killed while riding a motorcycle, you are suffering too

Each time bikers get on the road, they are at the mercy of other drivers in cars that weigh on average four tons - not to mention tracks and semi-tractor trailers. In a crash with one of them, the odds seriously are stacked against the motorcycle driver. Terribly, sometimes this means fatal injuries for the motorcycle driver. If a loved one has been killed while on a motorcycle, chances are you dealing with painful grief and worry. Though nothing can bring back your family as it was before, help is available for the survivor's journey.

Deceased motorcyclist's family and their lawyers win their case after their family member died in a motorcycle accident, striking a left-turning vehicle in Los Olivos, California

  On March 18, 2008, Lawrence Lovejoy, 74, was riding his motorcycle on Highway 154 in Los Olivos, California when a car operated by Harriet Ann Visscher turned left in front of him as it was entering the road. Lovejoy crashed into the side of the car. He died from injuries sustained in the accident, while Visscher died of a heart attack six hours later. Lovejoy's surviving family sued Visscher's estate for motor vehicle negligence. The family and their lawyers argued that Visscher's negligent driving was the sole cause cause of the accidetnt.

Shannon Nielson, 38, and her lawyers win her case against a trucking company after she and her fiance were involved in a crash with a truck, taking the life of her fiance and causing her serious injuries

On September 23, 2005, Shannon Nielson, a 38-year-old hairstylist, was riding on the back of a motorcycle that her fiance, Troy McDaniel, was driving on the Mt. Rose Highway in the Sierra Nevada range of California. As they were riding on the highway, they came across a flatbed truck operated by Carl McAlister, an employee of the White Cap Construction Supply company. McDaniel grounded the motorcycle to avoid striking the truck, which was making a U-turn on the two-lane highway. The couple skidded on the pavement towards the truck and were run over by its rear wheels.

Deceased motorcyclist's wife and her lawyers win her case against a driver her drove in front of him, resulting in his death in Snohomish County, Washington

  David Aultman was driving his Yamaha motorcycle north on State Route 9 in Snohomish County, Washington on September 20, 2003. Meanwhile, Margaret Blystone was driving her car west on 164th Street SE and stopped at a stop sign at the intersection with State Route 9. She began to proceed into the intersection, placing her car in the way of Mr. Aultman. According to his family and attorneys, he did not have enough time to avoid hitting her, and he and his motorcycle collided with the side of Mrs. Blystone's vehicle. Mr. Aultman died in the accident as a result of blunt-force trauma. 

What every family needs to know about a wrongful death case

When someone is killed because of the carelessness or misconduct of another person, the surviving members of the victim's family may bring a "wrongful death" lawsuit.  Wrongful death lawsuits can also be filed against corporations and governmental agencies for their negligence. A wrongful death lawsuit may only be filed by the personal representative of the decedent's estate. This is usually a close family member, like a spouse, adult child or parent. A personal injury attorney can assist in helping the family have a personal representative appointed.