Bellevue Wrongful Death Attorneys

WASHINGTON PERSONAL INJURY

Losing a family member because of another person’s negligence changes a family in ways that cannot be measured by medical bills or lost income alone. Along with grief, surviving family members may be left with questions about what happened, who was responsible, and what Washington law allows them to do next.

McNeese & Trotsky, PLLC, represents families after fatal accidents in Bellevue and throughout King County. Our Bellevue wrongful death attorneys investigate the circumstances surrounding the death, identify potentially responsible parties, gather evidence, review available insurance coverage, and help families understand the legal process.

If you lost a loved one because of someone else’s negligence or wrongful act, contact our law firm for a free consultation.

Washington Law Defines a Wrongful Death Claim

Under Washington law, a wrongful death action may arise when a person’s death is caused by the wrongful act, neglect, or default of another person.

The personal representative may bring the action for economic and non-economic damages sustained by the beneficiaries identified under Washington law because of the person’s death.

A wrongful death case can arise from many forms of negligence. For McNeese & Trotsky, these cases may involve fatal motor vehicle collisions, dangerous property conditions, and other personal injury incidents that result in death.

The underlying question is whether another person or business was legally responsible for causing the death.

The Personal Representative Files the Wrongful Death Action

One of the most important distinctions in Washington wrongful death law is the difference between who files the lawsuit and who benefits from it.

Under RCW 4.20.010, the deceased person’s personal representative maintains the wrongful death action. The personal representative acts for the benefit of the eligible beneficiaries identified by Washington law.

This means an eligible family member does not necessarily file an individual wrongful death lawsuit simply because that person suffered a loss.

Determining whether a personal representative has already been appointed and identifying all eligible beneficiaries are important early steps in evaluating a wrongful death claim.

Wrongful Death Cases We Handle in Bellevue

McNeese & Trotsky focuses on wrongful death cases arising from accidents and other incidents within the firm’s personal injury practice.

These may include:

• Fatal car accidents
• Fatal truck accidents
• Fatal motorcycle accidents
• Fatal pedestrian accidents
• Fatal accidents caused by dangerous property conditions
• Other fatal incidents caused by negligence within our personal injury practice

The evidence and potentially responsible parties vary considerably depending on how the death occurred. A fatal truck accident, for example, may involve commercial vehicle records and a trucking company, while a fatal premises liability case may depend on evidence concerning the property condition and what the property owner knew or should have known.

Our attorneys investigate the specific circumstances rather than treating every wrongful death case the same way.

Proving a Wrongful Death Claim

A wrongful death lawsuit requires evidence connecting another party’s wrongful act, neglect, or default to the person’s death.

Depending on the underlying case, the investigation may examine whether a driver violated traffic laws, a property owner failed to address a dangerous condition, or another person or business acted negligently.

Evidence may include:

• Police and accident reports
• Photos and videos
• Traffic or surveillance camera footage
• Witness statements
• Medical records
• Vehicle damage
• Electronic vehicle data
• Commercial records
• Property inspection or maintenance records
• Insurance information
• Expert analysis when appropriate

The exact evidence depends on what happened. Accident reconstruction experts, medical professionals, economists, or other specialists may become involved when their expertise is needed to address disputed issues.

Multiple Parties May Be Responsible for a Fatal Accident

A wrongful death case does not always involve only one negligent party.

For example, a fatal commercial truck accident could involve a driver and trucking company. A dangerous property case could involve a property owner, management company, contractor, or another party responsible for the unsafe condition.

Our legal team investigates potentially responsible parties based on their actual role in the event.

Identifying each responsible party can also help determine which insurance policies may apply to the wrongful death claim.

Wrongful Death and Survival Claims Are Different

Wrongful death and survival claims are related, but they address different losses.

A Washington wrongful death action under RCW 4.20.010 addresses economic and non-economic damages sustained by the statutory beneficiaries because of the person’s death.

Washington’s survival law addresses certain causes of action belonging to the deceased person that survive the death. Depending on the circumstances, the personal representative may pursue economic losses on behalf of the estate and certain non-economic damages personal to and experienced by the deceased for the beneficiaries identified by law.

This distinction can matter when a person suffered injuries before death or had an existing personal injury claim.

A single fatal incident may therefore involve different legal claims addressing different types of damages. An attorney can determine which claims apply based on the facts rather than combining all losses into one category.

Economic and Non-Economic Damages in a Wrongful Death Case

Washington’s wrongful death statute allows the personal representative to seek economic and non-economic damages sustained by eligible beneficiaries because of the death.

The damages available depend on the circumstances and evidence.

Potential economic losses may involve:

• Lost financial support
• Loss of services the deceased provided
• Other financial losses resulting from the death

Other claims arising from the same incident may address medical expenses incurred before death, funeral and burial expenses, or other losses when permitted under the applicable Washington statute.

Non-economic damages may address losses such as:

• Loss of companionship
• Loss of care
• Loss of guidance
• Loss of emotional support
• Other personal losses recognized under Washington law

No formula can measure what a family member meant to the people who depended on them. Evidence concerning the person’s relationships, contributions, and role within the family can become important when documenting these losses.

The Financial Impact of Losing a Family Member

A person’s financial contribution to a household is not limited to a paycheck.

A family member may provide childcare, household work, transportation, caregiving, financial support, and other services that have measurable value. The person’s age, work history, earnings, health, expected career path, and role within the household may all become relevant when evaluating financial losses.

Economic experts may be used in some wrongful death cases to evaluate future financial support or services.

A person also does not need to have been working at the time of death for a wrongful death claim to exist. Retired people, stay-at-home parents, children, and others can make meaningful financial and non-financial contributions to their families.

Washington Does Not Generally Award Punitive Damages in Wrongful Death Cases

Wrongful death damages in Washington are intended to address legally recognized losses rather than punish the responsible party.

Washington generally does not allow punitive damages unless they are expressly authorized by statute.

That is different from some other states where punitive damages may be available when conduct is considered especially reckless or intentional.

For a Bellevue wrongful death claim, the focus is on identifying the damages Washington law permits and supporting those losses with evidence.

Comparative Fault Can Affect a Wrongful Death Case

The conduct of the deceased person can sometimes become an issue in a wrongful death case.

Washington follows a comparative fault system. If the person who died is found to have shared responsibility for the incident, that percentage of fault may reduce the compensatory damages that can be recovered.

For example, an insurance company defending a fatal motor vehicle accident may argue that both drivers contributed to the collision.

That allegation does not automatically defeat the wrongful death claim. Police reports, witness statements, video, vehicle damage, electronic information, and other evidence may help determine how responsibility should be divided.

Insurance Coverage After a Fatal Accident

Insurance coverage can play an important role in a wrongful death case, particularly when the death resulted from a motor vehicle accident.

Depending on the circumstances, available coverage might include:

• An at-fault driver’s liability insurance
• Commercial liability coverage
• Uninsured or underinsured motorist coverage
• Coverage held by a business or property owner
• Additional policies held by other responsible parties

The existence of one insurance policy does not necessarily mean it is the only source of coverage.

Our attorneys can identify potentially responsible parties, obtain applicable insurance information, and determine which policies may apply based on the facts of the fatal accident.

The Wrongful Death Legal Process

Every wrongful death case develops differently, but the process generally begins with understanding how the death occurred and determining which legal claims may apply.

Our attorneys can investigate the incident, preserve evidence, identify responsible parties, determine the personal representative and eligible beneficiaries, review insurance coverage, and document damages.

When appropriate, a claim may be presented to an insurance company. Negotiations can follow as the parties evaluate liability and damages.

If the case cannot be resolved through negotiation, a wrongful death lawsuit may proceed through litigation. That process can involve written discovery, depositions, expert testimony, motions, additional negotiations, and trial.

Families should receive clear information about major developments and decisions throughout the legal process.

The Deadline for Filing a Washington Wrongful Death Lawsuit

Washington generally applies a three-year limitations period to wrongful death actions, but determining the exact deadline can depend on the facts and legal claims involved.

There is not a general rule requiring immediate family members to file a Washington wrongful death claim within three months.

Other deadlines or procedural requirements may apply in particular circumstances, including some claims involving government entities. Different related claims can also raise separate timing questions.

Waiting can create practical problems even when the legal filing deadline has not expired. Video may be overwritten, physical evidence can disappear, records may become harder to locate, and witnesses’ memories can fade.

An attorney can identify the deadlines that apply to the particular wrongful death case.

Wrongful Death Cases Are Handled on a Contingency Fee Basis

McNeese & Trotsky handles wrongful death cases on a contingency fee basis. Clients do not pay hourly attorney fees while the case is pending. Attorney fees are instead tied to the outcome according to the written fee agreement.

The contingency fee and potential case expenses should be explained before representation begins.

Our firm also offers a free consultation so families can discuss what happened, ask questions about Washington wrongful death law, and learn what information may be needed to evaluate a potential claim.

How McNeese & Trotsky Investigates Bellevue Wrongful Death Cases

Wrongful death cases require careful investigation and an understanding of both the underlying accident and Washington’s rules governing the resulting claim.

McNeese & Trotsky represents families from our Bellevue office. Our legal team can:

• Investigate how the fatal incident occurred
• Gather accident reports and available records
• Seek traffic or surveillance footage
• Interview witnesses
• Preserve physical and electronic evidence
• Identify potentially responsible parties
• Review applicable insurance coverage
• Determine which wrongful death or survival claims may apply
• Help identify the personal representative and eligible beneficiaries
• Document economic and non-economic losses
• Work with appropriate experts when necessary
• Handle communication with insurance companies
• Prepare a wrongful death lawsuit for litigation and trial when necessary

Our goal is to give families clear information about the case while handling the legal work required to investigate the death and pursue available claims.

Frequently Asked Questions About Bellevue Wrongful Death Claims

Who files a wrongful death lawsuit in Washington?

Under Washington’s general wrongful death statute, the deceased person’s personal representative maintains the wrongful death action. The lawsuit is brought for the benefit of eligible beneficiaries rather than simply being filed individually by every surviving family member. Different statutory provisions can apply to certain actions involving the death of a child, so the appropriate person to bring the action depends on the circumstances.

Who can benefit from a Washington wrongful death claim?

Washington’s general wrongful death statute identifies a spouse, state registered domestic partner, children, and stepchildren as beneficiaries. If the deceased person had none of those beneficiaries, the action may instead be maintained for the benefit of the deceased person’s parents or siblings. Other statutory rules may apply to an action involving the death of a child.

Can parents bring a claim after the death of an adult child in Washington?

Washington law can allow a parent or legal guardian to maintain or join an action involving an adult child’s death when statutory requirements are satisfied. Among other requirements, RCW 4.24.010 addresses significant involvement in the adult child’s life and provides that this type of action applies only when the child has no spouse, state registered domestic partner, or children. The specific family circumstances should therefore be reviewed before determining eligibility.

What is the difference between a wrongful death claim and a survival claim?

A wrongful death claim addresses losses sustained by eligible beneficiaries because of the person’s death. A survival claim preserves certain causes of action belonging to the deceased person and can address losses experienced by the deceased before death or other damages allowed under Washington’s survival statutes. Depending on the circumstances, both types of claims may arise from the same incident.

Can a wrongful death claim be filed if the person was retired or not working?

Yes, the absence of current employment does not by itself prevent a wrongful death claim. A person’s contributions may include household services, caregiving, guidance, companionship, financial support, and other forms of support. The damages available depend on the eligible beneficiaries, applicable claims, and evidence concerning the losses caused by the death.

What happens if the responsible party does not have enough insurance?

Other sources of insurance coverage may need to be investigated. For example, uninsured or underinsured motorist coverage may apply in some fatal motor vehicle accidents. Commercial insurance or policies belonging to additional responsible parties may also apply, depending on how the death occurred. The available coverage depends on the facts and policies involved.

Are punitive damages available in a Washington wrongful death lawsuit?

Washington generally does not permit punitive damages unless a statute expressly authorizes them. A wrongful death case instead focuses on economic and non-economic damages allowed under Washington law and supported by the evidence.

How long do you have to file a wrongful death lawsuit in Washington?

Washington generally applies a three-year limitations period to wrongful death actions, but the exact deadline can depend on the circumstances and related legal claims. Special procedures or deadlines may apply in some cases, including claims involving government entities. Because evidence can disappear long before the limitations period expires, families may benefit from determining the applicable deadline and preserving evidence earlier.

Schedule a Free Consultation With a Bellevue Wrongful Death Attorney

If your family member died because of negligence or another wrongful act in Bellevue, McNeese & Trotsky, PLLC can review the circumstances and explain the legal options that may be available under Washington law.

Our Bellevue office is located at 11711 SE 8th Street, Suite 301, Bellevue, WA 98005.

Call 206-332-1918 or contact McNeese & Trotsky to schedule a free consultation with a Bellevue wrongful death attorney.