Losing a loved one in a fatal motor vehicle accident is an emotionally shattering experience. During such a difficult time, understanding your legal rights and determining who can seek compensation is essential. Under Washington law, several parties may have the right to file a lawsuit for wrongful death.
Immediate family members
Immediate family members of the deceased have the strongest grounds for filing a wrongful death claim. These family members include a surviving spouse, who can bring forth a wrongful death lawsuit to seek compensation for their loss.
Next, both minor and adult children, especially if they were financially dependent on the deceased, have the right to sue. And, if the deceased was unmarried and had no children, their parents might be eligible to file a claim.
Personal representative of the estate
The personal representative, also known as the executor or administrator of the deceased’s estate, can file a wrongful death lawsuit. Their responsibility is to act on behalf of the estate.
The aim is to secure compensation for losses suffered by the estate itself.
Financial dependents
Another type of person who might have a valid claim is one who was financially dependent on the deceased. This category can include stepchildren, domestic partners or other relatives who relied on the deceased for financial support.
Seeking compensation
To obtain compensation following a fatal motor vehicle accident in Washington, it is necessary to prove that another party was at fault for the crash and the resulting damages. Typically, this involves demonstrating that the other driver was negligent. Establishing negligence usually requires showing that the other driver failed to act with reasonable care, which led to the accident and the resultant fatality.
Each wrongful death case is unique, and navigating the legal complexities can be challenging. However, understanding your rights is essential to ensure that your rights are fully protected and that you can pursue the appropriate legal action.