Pursuing Justice After The Tragedy Of Wrongful Death
Wrongful death is a legal phrase for any death that occurs as a result of another’s fault. There is no greater consequence of one’s negligence than the wrongful death of another, which results in a tragic and catastrophic loss for those left behind.
While those lost to wrongful death can never be brought back, you may be able to prevent future wrongful deaths from occurring. The prevention can come from changes in the behavior of the wrongful party that is brought about by your claim to decrease the likelihood that such a tragedy will ever occur again. Those who have lost a family member to a wrongful death are likely owed compensation for their loss, including any financial assistance their lost family member provided.
It can be difficult to contemplate legal action amid bereavement and grief; however, it is critical that you have the guidance of a well-qualified attorney to help you through what can be an emotional process. It is important to contact the Law Office of Gregory E. Price, P.S., as soon as possible for a complete explanation of your legal rights.
Filing A Wrongful Death Claim In Washington State
In both Washington and Oregon, filing a wrongful death claim requires careful consideration and timely action. The statute of limitations for such claims is three years from the date of death in Washington, and two years from the date of death in Oregon, making it crucial for families to initiate proceedings quickly. Before filing, families should gather essential documentation, including death certificates, medical records and evidence supporting their claim. A number of circumstances can affect the claim, including:
- The deceased’s age, earning capacity and life expectancy
- The nature of the relationship between the deceased and the beneficiaries
- The degree of negligence or intentional misconduct by the responsible party
- Shared fault
- Preexisting conditions
Families should be prepared for a potentially lengthy process, as wrongful death cases often involve extensive negotiations or litigation before reaching a resolution. Fortunately, attorney Price has decades of experience in personal injury claims of all kinds. He knows how to help your case move smoothly as he provides compassionate legal support.
We understand that no amount of money can replace a loved one, but securing your family’s future is a vital step in the healing process. View our past case results to see how our aggressive advocacy has held negligent parties and third parties accountable through high-value settlements and jury verdicts.
Answering Common Questions About Wrongful Death
Losing a loved one because of another’s negligence leaves families with overwhelming questions about their rights and next steps. Below, our lawyers answer some of the most common questions people ask after experiencing the tragic loss of a loved one.
Who can file a wrongful death lawsuit in Washington or Oregon?
Both Washington and Oregon limit who may bring a wrongful death claim, and the rules differ between the two states.
In Washington, the personal representative of the estate must file the lawsuit on behalf of the beneficiaries. These typically include the spouse, state-registered domestic partner, children or stepchildren. If these beneficiaries do not exist, parents or siblings may qualify under certain circumstances.
Oregon also requires the personal representative to file the claim, but the list of eligible beneficiaries is broader and may include parents, children, stepchildren, spouses and other dependents. Eligibility rules vary, making it crucial to understand which state’s law applies.
What is the difference between a wrongful death claim and a survival action?
Wrongful death claims focus on the losses suffered by surviving family members. Available compensation may include funeral expenses, loss of financial support, loss of companionship and other harms the family experiences because of the death.
Survival actions address the losses the deceased person suffered before passing away. These may include medical expenses, lost wages between the injury and death, and the pain and suffering experienced by the deceased prior to their passing.
In many cases, families may pursue both a wrongful death claim and a survival action when the facts support each type of recovery. This helps families pursue the full range of compensation available under the law.
How does the “border city” factor affect my case if the accident happened in Portland, but I live in Vancouver?
Living in one state and experiencing a fatal accident in another can create questions about which laws apply, where the lawsuit should be filed and how insurance coverage will be evaluated. Generally, the state where the accident occurred controls the substantive law. However, the location of the parties, insurance policies and available evidence can influence how the case proceeds.
Families should be aware that deadlines, damages and procedural rules differ between Washington and Oregon, which makes it important to evaluate the case under both legal systems. We are licensed in both states and can help you navigate these cross-border complexities safely.
Take The First Step: Consult A Wrongful Death Attorney
Gregory E. Price is ready to help you if you and your loved ones lost a family member to a wrongful death. We provide completely free initial consultations. Please call us at 360-989-9900 or send us an email to set up yours.