It is an emotional time when a loved one passes away, and the pain increases when they were taken because of a negligent act of another individual. The wrongful death statute in Washington is limited to the spouse and children to recover compensation for the loss of their loved one. A spouse or children of a deceased individual do not have to establish dependence.
Parents and siblings can only recover damages if there is no spouse or children. Also, the parents or siblings must have relied on the deceased individual for their support. A wrongful death attorney in Port Orchard will help a family through this difficult time with a free consultation.
Can Anyone Else File a Claim on Behalf of a Deceased Individual?
An executor or administrator of an estate can file on behalf of the deceased individual between the time of the injury and the time of their death. Any money that is received will not go through the estate and will be distributed to the beneficiaries. If there is not a legal beneficiary, no recoverable damages can be pursued.
The damages that an estate can recover are only economic. This includes property damage, funeral expenses, pre-death medical bills, and loss of any earnings in the future. An estate could recover the prospective net accumulations of the deceased individual.
Statute of Limitations
There is a three-year time limit from the date of death to settle a wrongful death claim or file a case in court. If the time limit has passed, there is no longer a way to file a claim against the negligent party. It is dangerous to wait until the end of the three years to file a claim against the negligent party.
A wrongful death attorney in Port Orchard can help you file and obtain a settlement on behalf of your loved one’s death. You will receive compassionate and caring representation during this difficult time. Browse our website to find out how we can help you obtain a settlement.