Wrongful Death Attorneys
The wrongful death attorneys and lawyers of Parke Gordon Law Firm are here to help during an otherwise trying time.
What is a Wrongful Death?
Wrongful death is a legal term to describe a claim that certain individuals can make against a person who wrongfully or negligently causes the death of another. Wrongful death claims are enacted by the state legislature to govern who can bring a wrongful death claim.
Our wrongful death attorneys in Kennewick, Washington have helped our clients recover substantial monetary settlements from the negligent persons who caused the wrongful death.
When is a Wrongful Death Claim Valid?
Some situations that would lead to a wrongful death claim include:
- The victim was intentionally killed.
- Negligence resulting in a fatal car accident.
- Death from medical malpractice.
These are just a few examples of personal injury cases that could turn into wrongful death claims. Like a personal injury case, evidence or proof must be given for the case to go smoothly. Be sure to gather as much evidence as you can to help your attorney get the most compensation possible.
What Kind of Incidents Qualify as Wrongful Death?
Not all deaths caused by another qualify as wrongful death. The death must have occurred due to the negligence of another to be considered wrongful death. Incidentally, many incidents could be considered negligent behavior that leads to the death of another. Here are some examples of wrongful death claims:
- Texting, drunk driving or other distracted driving which caused a fatal car accident.
- Property damage or premises liability that resulted in a drowning accident.
- Drugs or defective products that caused the victim to die.
Depending on the circumstances, you may qualify to claim wrongful death. Be sure to contact Parke Gordon Law Firm to determine if you have a legitimate wrongful death case. Call (509) 582-7274 for a free consultation.
Who Can File a Wrongful Death Claim?
Even so, if your case does qualify, only certain individuals can make the claim for the damages and loss of their loved ones.
In most cases, the following individuals may file a wrongful death claim:
- Spouses or life partners
- Other dependents
By and large, to receive justice for a wrongful death you must have some substantial evidence. Ultimately, there are some key factors you must have to prove your claim is valid. For instance, you must include the fact that the party you are suing owes your loved one a duty of care, they breached that duty to care and as a result, they caused the death. Extensive evidence, expert opinions, witness testimony, a thorough legal investigation, and much more could be required.
Filing a Wrongful Death Claim
Since wrongful death claims are governed by the statute enacted by the legislature, the persons who are entitled to recover claims are set by statute. In addition, the types of damages a person may recover are set also by statute. Call a wrongful death attorney from Parke Gordon Law Firm in Kennewick, WA to know your rights.
Four Main Elements of a Wrongful Death Case
By law, there are four main elements involved to claim a wrongful death case. Family members of the deceased wanting to claim wrongful death must prove each element to be awarded financial recompense. The four elements of a wrongful death case are:
Negligence: It must be proven that the individual being sued was reckless, careless, or negligent.
Causation: It must be shown how the defendant’s negligence caused the death of their loved one.
Breach of Duty: Proof that the defendant in a wrongful death owed a duty to the deceased. For example, in the story from above, the driver had a duty to the pedestrian to drive a reasonable speed and to be aware of pedestrians.
Damages: There can be many damages occurred from the death of a wrongful death victim. For instance, medical expenses, funeral and burial costs, loss of income and potential earnings, etc.
Proving these elements to the court during a wrongful death lawsuit requires strong evidence. The experienced wrongful death attorneys at Parke Gordon Law Firm can help to gather this evidence and make a strong claim on your behalf.
Drowsy Driving Causes Wrongful Death
An estimate of 100,000 police-reported car crashes is caused each year by drowsy driving according to the National Highway Traffic Safety Administration. There is not a test for sleepiness like there is for intoxication. However, it is estimated from those 100,000 reports there are 1,550 deaths, 71,000 injuries, and $12.5 billion in monetary losses. At Parke Gordon Law Firm we feel these numbers are significantly high. So, what can we do to improve these statistics? Don’t drive if you are tired! Driving drowsy may not only cause a car crash. Sleep deprivation also causes a lapse of attention and may play a role in behavior that could lead to a car accident. The National Highway Traffic Safety Administration conducted a poll for Sleep in America. In this poll 42 percent said they become stressed when driving tired, 32 percent said they get impatient and 12 percent said they tend to drive faster.
How Does a Fatal Car Accident Qualify as Wrongful Death?
The following are some scenarios in which filing a wrongful death case would be applicable.
Many wrongful death cases are filed after a fatal car accident. There are many ways the other driver can be found negligent for the victim’s death following a car accident. For instance, a distracted driver who caused a car crash can be held responsible for their negligent behavior through a wrongful death case if they killed the other driver. Anyone operating a motor vehicle is under oath to act responsibly and drive safely. When a negligent driver chose to do otherwise and harms another, they should be held accountable.
A driver under the influence of drugs or alcohol is a prime candidate for being held responsible for a fatality. Clearly, it is easy to see the negligence of a drunk driver.
Incidents such as a slip and fall accident where the owner of the property should have known of the hazardous circumstances that caused a death make the owner liable for negligence. It is rare for a person to die from a slip and fall accident or other common premise liability scenarios. However, situations such as an accidental drowning, also fall under this category.
Pedestrian Wrongful Death Claims
A simple walk or jog could instantly turn tragic if a car or truck strikes you. Pedestrians who are fatally injured from a negligent driver in a car accident have the same rights as other wrongful death claimants. Any time a driver’s negligence results in the death of a pedestrian, the pedestrian’s family members are entitled to compensation. The wrongful death attorneys of Parke Gordon Law Firm are here to help grieving family members during an otherwise trying time.
Since wrongful death claims are governed by a statute enacted by the legislature, the persons who are entitled to recover claims are set by statute. In addition, the types of damages a person may recover are also set by statute.
When a person is wrongfully or negligently killed because of another, family members of the deceased have a right to compensation. The wrongful death attorneys at Parke Gordon Law Firm have helped clients recover substantial monetary settlements from the negligent persons who caused the wrongful death. Many different factors will determine the amount of compensation you may receive for a wrongful death such as:
- Proposed income from the deceased
- Savings of the deceased
- Number of dependents
- The degree of negligence that caused the wrongful death
Wrongful Death Attorneys and Lawyers in Tri-Cities, Washington
Contact the wrongful death attorneys and lawyers at Parke Gordon Law Firm to find out if you are entitled under the statute to bring a claim and, if so, what types of damages you are entitled to recover. Our wrongful death lawyers are aggressive, experienced, and trusted. We will fight to ensure you get a fair settlement. Call (509) 582-7274 now for a free consultation. We can usually tell you over the phone if you have a good case. This is your opportunity to speak to a wrongful death attorney about your case at no charge. In fact, you pay nothing until your case is settled.
You Pay Nothing Until We Win Your Case
Tri-Cities, Washington Law Office
Our Tri-Cities, Washington law office provides legal services to injury clients in and surrounding Tri-Cities, including clients injured in accidents in Kennewick, Pasco, and Richland, Washington. Visit or call our Tri-Cities office now.8905 W Gage Blvd, #200 Kennewick, WA 99336 Phone:(509) 582-7274