Fatal Motor Vehicle Accidents
Legal Assistance for the Families of People Killed in Washington Motor Vehicle Accidents Including Pedestrian and Bicycle Accidents
If your loved one was killed in a Washington motor vehicle accident, you may be seeking answers to your legal questions. The Farber Law Group, a Bellevue wrongful death law firm, may be of assistance to you.
There is nothing more tragic than a totally preventable death. When a loved one is killed due to the negligent actions of another, the grief a family feels is unfathomable. Often, surviving family members have the extra burden of trying to make ends meet without the primary breadwinner. Washington's wrongful death statute allows the family, through civil action, to seek compensation for the loss of their loved ones. While a monetary award does not ameliorate grief it can help sustain the family and educate minor children.
Wrongful Death in a Motor Vehicle Accident
Wrongful death is one in which a person's death was caused by the negligence or the wrongful act of another. The family of a person killed by a driver who was driving drunk, driving high on drugs, driving recklessly or negligently, can seek to hold the negligent driver civilly liable under Washington state's wrongful death statute. To have a strong case for wrongful death, the following must be proved:
The other driver must be found to be at fault in the accident.
The other driver must be found to have acted negligently such as: driving while intoxicated; making an illegal u-turn; running a red light or stop sign; speeding; racing; texting while driving; or driving recklessly.
The wrongful death lawsuit must be brought by a surviving member of the deceased one's family (i.e., parents, spouse, children, or other dependents).
The death of the family member must have produced monetary damages.
What are Monetary Damages in a Wrongful Death Suit?
The most common monetary damage awards in a wrongful death lawsuit are:
Medical costs
Burial and funeral expenses
Loss of future earnings
Loss of benefits such as pension and medical insurance
Loss of inheritance
Loss of consortium and companionship.
Wrongful Death Compensation for Surviving Minor Children
A child whose parent or parents were killed in a Washington auto accident may have additional legal remedies for the loss of a parent. The surviving minor child can ask for "loss of gifts or other gratuities" and "loss of parental training, guidance, and education."
Seeking Insurance and Assets to Pay a Wrongful Death Claim
For a wrongful death lawsuit to be successful, there must be insurance or other assets to satisfy the claim. An experienced attorney will seek to file suit against all responsible parties including an employer of the driver that was "on the clock" at the time of the accident or a bar that over-served. In the case of a driver who does not have insurance or is under-insured, an experienced wrongful death lawyer will also seek out other assets such as a homeowner's policy or business insurance.
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Your Case is Important to Us - Free Consultation
Herb Farber and the attorneys in the network of The Farber Law Group provide a free case consultation to people seriously injured in Washington, Oregon, and Idaho. If your injuries are serious and you cannot come to see us, we can arrange to visit you at Harborview Medical Center, Overlake Hospital Emergency & Trauma Center, Evergreen Hospital, or one of the other trauma centers throughout the state. We have represented injured victims for more than 45 years and we believe every injured person should have access to legal advice. For your Free and Confidential consultation, contact us today at (800) 244-9087.