Spokane Wrongful Death Claims

When someone dies as the result of an accident or a negligent act in Spokane or anywhere in Eastern Washington State, certain survivors may file a wrongful death claim against the responsible party. The goal of a wrongful death claim is to recover financial compensation for the deceased's medical bills, funeral and burial expenses, lost wages, pain and suffering, and loss of their companionship.

In legal terms, wrongful death refers to a fatality that occurs because of the negligence or misdeeds of another person, corporation or entity. If your loved one died because of another's fault, you must prove that the four critical components of negligence exist in your wrongful death claim:

  • the defendant had a duty to the deceased;
  • the defendant failed in that duty;
  • the fatality was caused by the defendant's breach of duty; and
  • the survivors are entitled to damages as a result of the loss of their loved one.

A wrongful death claim against the negligent party is usually initiated by or on behalf of the spouse, children or family of the person who died; however in some unique situations, someone other than the deceased's immediate family may be entitled to recover damages if they relied upon the deceased for support. Go here for more information on wrongful death claims. Wrongful death claims are challenging due to their complexity and the emotional toll they take on family members who are struggling to come to terms with the loss of a loved one. Most often a personal injury attorney is needed, to oversee the various aspects of a wrongful death claim, so that family can concentrate on healing. Most Spokane personal injury attorneys offer a free initial consultation and work on a contingency-fee basis, so there is usually no initial cost, and all fees are paid at the end of the claim from the settlement or verdict funds.

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