Wrongful Death

Premier Law Group’s aggressive wrongful death attorneys have years of experience successfully representing people who have lost a loved one due to someone else’s negligent conduct, whether willful or unintentional. We have won millions of dollars for our past clients, and we will do whatever we can to help you recover the maximum possible compensation.

If your loved one was the victim of a crime or an accident that resulted in their death, Premier Law Group can help you no matter where you are in Washington State. We truly go the extra mile for our clients and we believe our experience, past results, and personal attention make us different from most other Washington attorneys.

Call us today for a free consultation and case evaluation. If we handle your case, you pay absolutely no legal fees unless we win. Premier Law Group is here to make a difference in your life.

CONDITIONS FOR FILING A WRONGFUL DEATH CLAIM

If you have lost a loved one, you can file a wrongful death claim if the following conditions exist:

·    The death must have been caused in whole or in part by someone else’s misconduct

·    The person you are accusing in the wrongful death claim must have been connected to the wrongful death and can be held liable for it’s occurrence.

·    The person who died must have been survived by a spouse, children, beneficiaries or other dependents.

·    There have been monetary damages because of the loss of the loved one.

While the causative factors for wrongful death are varied, the most common circumstance involve automobile and other tragic  accidents.

STEPS TO TAKE

Contact a wrongful death attorney

If you think a potential claim exists, contact an experience wrongful death attorney immediately. You have no time to lose because valuable evidence and witnesses are most plentiful when an event is recent.  It is best to start while memories are fresh and evidence hasn’t been lost or misplaced.

Make a list of all the expenses connected with the wrongful death

You want to make a list of all the medical and funeral expenses connected with the death. Provide copies of any receipts that verify these costs.

Collect wage statements

If the victim is an adult with dependents, you will need to prove what the adult’s income was. If the person was self-employed, prior tax returns reflecting their net income are needed. Otherwise, recent pay stubs from the employer at the time of death must be supplied. We will use these figures to calculate the income that would have been earned up until retirement and/or calculate what the income would have been up until a natural death.

Collect information about pension and medical plans

If you are a surviving spouse and your loved one was paying into a retirement plan with his employer, request a quote for the amount he/she would have received at retirement. Now you will not benefit from this income.

If the death strips a family of medical coverage, this is another vital piece of information for putting a wrongful death lawsuit together.

Collect proof of emotional loss

Damages for mental anguish or pain and the suffering of the survivors may be collected, but the real loss for many families is the care, protection, nurturing and companionship the loved one is no longer there to provide. A solid case proving this loss needs to be built in order to secure adequate compensation for this loss.

Examples of this type of evidence include things like a father’s involvement in Little League, a mother’s involvement as a homeroom mom, routine activities that the family participated in, etc. Our purpose here is to show in tangible ways that a family member contributed to the well-being of others in the family.

No one can replace your loved one. We know that. Our goal at Premier Law Group is to help you get on with your life with the least financial burden possible. That may not replace a loved one, but it helps you to cope with a life that no longer has them in it.

WRONGFUL DEATH FAQs

Q. WHY DO I NEED AN ATTORNEY IF I HAVE LOST A LOVED ONE?

A. For several reasons:

1.        Pursuing recovery for the loss of a love one due to the negligence of someone else is a complicated legal process which requires the expertise and experience of a highly trained attorney. It is crucial to not leave any stones unturned.  It takes years for an attorney to learn the many rules and acquire the skills needed to represent these cases. Therefore, do not ever attempt to handle your legal case on your own. Your recovery will generally be substantially higher, even after all the costs and fees that you incur in hiring legal representation are subtracted.

2.        Only an experienced lawyer can assess the value of your case after learning the full nature and extent of your loss. Chances are, without an attorney, you will settle your case for much less than it is really worth.  Additionally, an experienced attorney can often find additional sources of recovery that are not readily apparent.

3.        Most importantly, you need an attorney because the insurance company will offer you very little money for your loss, if they offer any at all. Only a competent, aggressive, and experienced lawyer has the means, the knowledge, and the ability to sue the wrongdoer and their insurance companies in order to force them to give you the appropriate settlement that you are entitled to. Insurance companies have a duty to protect and defend their own insured (the person who caused the wrongful death). They also have a duty to act in the best interest of their shareholders by saving money. Despite how friendly they may seem, they are not on your side.  Their job is to pay you as little as possible to get you to sign a release.  You need someone on your side who has your best interest in mind.

4.        Lastly, when you have a lawyer, you don’t deal with any of the hassle, paperwork, headache and worry of dealing with insurance companies. You just sit back, knowing a skilled, competent, experienced lawyer who has your best interest in mind is going to handle your case and deal with the headache.

Q. WHAT IS A WRONGFUL DEATH?

A. .A wrongful death exists when someone is killed as a result of negligence, a defective product or a deliberate act.

Q. WHO MAY SUE FOR A WRONGFUL DEATH?

A. In Washington immediate family members such as a spouse, children, step-children, parents, brothers, and sisters are statutory beneficiaries and can file a wrongful death claim. Minors under 18 years of ages must be represented in court by a “guardian ad litem” in most cases. If there are no immediate family members, other family members may be considered.

Q. WHAT KIND OF DAMAGES CAN I EXPECT TO RECOVER IN A WRONGFUL DEATH CLAIM?

A. .In Washington State, you can recover medical costs incurred before the wrongful death, funeral and burial costs, loss of income and benefits, pain and suffering as the survivors , mental anguish, loss of companionship, loss of protection, and loss of inheritance.  Additionally, any pre-death pain and suffering that the decedent experienced can be compensated.

Q. HOW ARE FUTURE DAMAGES CALCULATED?

A. Life expectancy tables are commonly used to calculate future losses. The age of the victim at the time of death is subtracted from the life expectancy. Earnings are then calculated up to the time of retirement. Additional calculations then take into account retirement benefits that would have been received. These damages are usually based upon current value and do not include cost of living increases.

Q. CAN WE COLLECT PUNITIVE DAMAGES?

A. Punitive damages are not available in Washington.

Q. HOW MUCH DO I HAVE TO PAY TO HIRE AN ATTORNEY?

A. Nothing. You don’t have to pay anything upfront. You hire us on a contingency basis, which means we don’t charge you anything unless we win your case. We even pay for all of the expenses associated with your case out of our own pocket. Also, if for any reason we don’t recover any money (for example if we find out later that the party at fault has no insurance), we still don’t charge you anything. However, when your case settles, we take a percentage of the settlement for our fees and costs. This percentage depends on whether your case resolves before litigation or after trial. Please note, however, that in Washington the law requires that the client ultimately be responsible for reimbursing an attorney for costs advanced, even if the case is unsuccessful. Please contact us so that we can explain how this would work in your case.

Q. CAN I CHANGE MY LAWYERS IF I AM NOT HAPPY WITH THEM? HOW MUCH IS THAT GOING TO COST ME?

A. Fortunately, you can change your lawyer anytime at absolutely no cost to you. All you have to do is call us and let us know. We will immediately send a letter to your former attorney. As soon as they receive our letter, by law they are immediately obligated to forward your file to our office. Also, they are forbidden to contact you. You are not even required to inform them of your decision. Of course, if they have done substantial work in your case, they are entitled to get a portion of our fees for their contribution. This will only affect our fees and will not change your recovery.

Q. WHAT IS MEANT BY A CAP ON DAMAGES?

A. A cap is the top award for certain types of damages that a state allows. The Washington State Supreme Court ruled that a ceiling on non-economic damages, commonly known as pain and suffering, is not constitutional.

Q. WHAT IS A STATUTE OF LIMITATIONS?

A. A statute of limitations creates a cut-off date after which a suit can no longer be filed.

Q. WHAT IS THE STATUTE OF LIMITATIONS FOR WRONGFUL DEATH IN WASHINGTON STATE?

A. In general an action must be filed within three years of the act that is alleged to have caused the wrongful death. There are, however, many facts which need to be analyzed to determine the statute of limitation in any particular case.  It is crucial to speak to an attorney who understands the law to determine what the time limit is in your case.