Table of Contents
What is a wrongful death suit? What is the average wrongful death settlement? What are “damages” in a wrongful death case? Who can bring a wrongful death suit in Washington? How do you determine if someone else is at fault for the death? How is case value calculated for a deceased person? How long does it take to file a wrongful death lawsuit? Who is responsible for paying a wrongful death settlement? Is it important to consult with an attorney regarding a wrongful death claim? Is wrongful death a personal injury? How do you decide to take a wrongful death case? What is an “Estate”? What is the process of opening an Estate for a person who died in a crash? What is the free consultation process for a wrongful death case?

Questions about filing wrongful death claims and lawsuits in Washington State

What is a wrongful death suit?

A wrongful death suit is a civil lawsuit, filed against the people or companies who caused or contributed to a “wrongful death.”

Wrongful death is the legal term for an unnatural death, resulting from an injury or incident, caused by the bad conduct or wrongful acts of another person or a company. It does not mean that there was necessarily any criminal action or intent to kill the victim. Wrongful death claims can arise from:

Filing a wrongful death suit is complicated. It may require an investigation, and hiring expert witnesses. A lawyer’s job is to help clients navigate this difficult process, and make it as painless as possible.

If you have questions about wrongful death, please contact us directly at 206-745-3889.

What is the average wrongful death settlement?

There’s no real average wrongful death settlement, just like there’s no real average death.

These cases depend on factors like how old the person was when they died, the circumstances surrounding their death—and the ability to hold someone legally and financially accountable for it. There are many more factors that are considered.

We do have jury verdicts and past settlements, that help us evaluate the best possible outcome for each case. Talking with a lawyer will help give you a better idea of what is possible in your particular circumstances.

What are “damages” in a wrongful death case?

“Damages” is a legal term for money awarded by a court. When you file a civil lawsuit, you are asking to be fairly compensated for the harm and losses caused by someone else’s bad actions.

Our civil justice system recognizes that no one can undo what has happened. The only thing we can do is to provide a way for you to recover damages for that loss

Economic damages in a wrongful death case are the hard costs and expenses, like any final medical bills and funeral or burial expenses. The loss of the future wages of the person who died may also be included.

Non-economic damages are the intangible costs, like the person’s suffering before their death, and also the loss of that person’s companionship in the lives of remaining family members.

Who can bring a wrongful death suit in Washington?

Generally, the next-of-kin, or the closest family member to the deceased, files the wrongful death lawsuit.

In Washington State, this may be a spouse, parent, child, or sibling. It is usually the same person who would open an Estate on behalf of the family.

The designated representative protects the rights of all those entitled to damages under the law. But we often talk with relatives who are gathering legal information, and will not be the designated representative.  

How do you determine if someone else is at fault for the death?

We start an investigation. Sometimes, this is as simple as obtaining police and witness reports. In more complex cases, we look to expert investigators to help us piece together what happened.

Attorney Kevin Coluccio has been investigating wrongful death cases for more than 30 years, and has accurately assessed fault in hundreds of cases.

How is case value calculated for a deceased person?

There’s a statistical process, using government guidelines. It is based on a lot of different factors.
 
We know that a wrongful death case doesn’t bring back someone you love. It is just the closest thing to “fair” that our justice system can do: provide the remaining family with monetary compensation.
 
It is not perfect, but it is as close to justice as we can get. 

How long does it take to file a wrongful death lawsuit?

It depends on how the death occurred, who you are filing a lawsuit against, and how much investigation is needed.

It could take a few months, or it could take a couple of years. We can give you an idea of how long it takes to file a wrongful death lawsuit once we’ve reviewed your case.

It is important to not pursue settlement of your claim until the full extent of the damages are known. We are careful to consider all aspects of the damages caused by a wrongful death.

Who is responsible for paying a wrongful death settlement?

It depends on how the death occurred.

Car crash: If the person died in a car crash that was caused by someone else, then that driver would be responsible and their car insurance company should pay. It is rare (although sometimes possible), to have a person pay out-of-pocket in a wrongful death lawsuit. If the vehicle that caused the fatal crash belonged to someone other than the driver, then we would look at the owner’s insurance policy as well.

Truck crash: Crashes involving commercial motor vehicles or semi-trucks are a little different. In those situations, the responsibility for paying a wrongful death settlement might be the insurance companies for the truck driver, the truck owner, the motor carrier (who hires drivers and arranges routes). In some situations, a truck crash is caused by defective parts: then it may be the insurance company for the mechanic and shop, or even the manufacturer, who takes responsibility for the lawsuit.

Medical malpractice: A wrongful death claim from a medical malpractice case may be paid by the insurance companies from the hospital or medical facilities, and/or the policies for the individual doctors and medical practitioners. In these cases, the people who caused or contributed to the death were at work: their personal assets are not at risk.

Product liability: When a death is caused by a defective or unreasonably dangerous product, you may be able to hold the manufacturer responsible.  In these cases, most often, qualified and experienced experts are needed to analyze the products.

Your lawyer should be able to answer any questions you have about how your wrongful death settlement is paid.

Is it important to consult with an attorney regarding a wrongful death claim?

Wrongful death claims can be complicated.

You should talk with an attorney, if for no other reason than to make sure all aspects of your claim are considered.

Is wrongful death a personal injury?

Wrongful death is the legal phrase for an unnatural death, resulting from an injury incident caused by the bad conduct or wrongful acts of another person/company.

Personal injury is the umbrella term for injuries and damages caused by the bad conduct or wrongful acts of another person/company.

If those injuries resulted in death, then it is a wrongful death case.

A wrongful death is basically the most extreme personal injury someone can suffer.

How do you decide to take a wrongful death case?

It can be a really difficult decision. A lawyer may need to turn down a potential wrongful death case because there’s not enough evidence, or because it would be impossible to prove what happened.

When our office decides to take a wrongful death case, we commit to fully investigating and understanding the circumstances surrounding the death.

We put in the work to put forth the best possible case, and get you the best possible result.

What is an “Estate”?

When a person dies, all of their assets and debts have to be counted. The law says that we have to set up an “estate”, a separate legal entity, to pay the person’s debts and distribute their assets.

In a wrongful death lawsuit, the deceased person is represented by that estate. If we win the lawsuit, then the estate pays the hard costs of the lawsuit, and distributes the proceeds.

What is the process of opening an Estate for a person who died in a crash?

First, we see if the person had written a will before they died: a will usually names a Personal Representative to handle the Estate. However, since a crash death is sudden and unexpected, we often find that the deceased person did not have a will.

In that situation, we have to find someone to take on the duties and tasks of a Personal Representative. It is extremely difficult for a surviving spouse or immediate family member to do this while in mourning. We can help you find a local attorney, or identify an extended family member, to handle the role of Personal Representative. The representative of the Estate protects the rights of all of the beneficiaries.

Once the Estate is established, the legal process of probate can begin. Probate is the court process that confirms the deceased person’s estate is properly settled, with the debts paid and the assets—including any wrongful death settlements—distributed.

As personal injury lawyers, we handle the liability and damages issues related to car and truck collisions. Probate is a different type of legal proceeding: we work with attorneys who specialize in probate to make sure that everything is accounted for, and that you are treated fairly.

What is the free consultation process for a wrongful death case?

For any free consultation with Coluccio Law, if you send a message, you will get an email or call back as soon as possible.

If you call, a receptionist will ask a couple of basic questions, get your contact information, and put you in touch with the first available member of the legal staff. If attorney Kevin Coluccio is available, he will speak with you directly.

In the first conversation, we will ask you questions about the person who died, when and how they died, and determine what other information we might need to start an investigation and open a wrongful death case.

We will try to understand if it is possible that another person’s bad actions caused your person’s death. If so, we would want to act quickly to preserve evidence and help you protect your legal rights.

If we are not able to help with your case, we will do our best to refer you to another legal resource.