Wrongful Death Damages

The purpose of awarding damages to the family of a wrongful death victim is to compensate the family for the losses experienced as a result of the death of that family member. In Washington state, the statutes restrict the recovery of damages to what a jury finds fair and just in relation to the injury that resulted in the decedent's death.

The types of damages recoverable in a Washington state wrongful death claim include:

• Immediate expenses associated with the death (medical and funeral expenses). All costs incurred for health care should be repaid to you including ambulance bills, hospital bills, and charges for surgical, medical or chiropractic care. Depending upon the type of insurance coverage you or the other party purchased, you may be entitled to payment of these bills regardless of who caused the accident.
• Loss of victim's anticipated earnings in the future until time of retirement or death. The deceased person's estate is entitled to a sum of money to compensate for the lost capacity to earn income in the future.
• Loss of inheritance caused by the untimely death. When a person dies prematurely, their estate is often smaller than it would have been had they been able to accumulate wealth until they suffered a natural death. In such cases, family members can recover damages for their loss of an expected inheritance if their life expectancy was longer than the decedents and it was probable that they would have received an inheritance.
• Loss of benefits caused by the victim's death (pension, medical coverage, etc.)
• Pain and suffering, or mental anguish to the survivors. The claimant may be entitled to be compensated in dollars for the pain and suffering caused by the death of the deceased person.
• Loss of care, protection, companionship to the survivors. Both the decedent's spouse and children have a right to recovery for the loss of protection, care and affection, assistance, nurture, companionship, comfort, guidance, counsel, and advice. These damages are awarded to the children or spouse of a decedent for the loss of the decedent's presence in their lives. Evidence concerning family activities and shared recreation, sports, or travel may be introduced to prove these damages. The guidance provided by the decedent in religious, spiritual or educational matters may also be offered in evidence. Testimony concerning loving or affectionate behavior of the decedent is highly relevant. Where the case involves loss of a spouse, damages for "loss of consortium" are available.
• Punitive damages. Punitive damages are available to punish defendants who have engaged in malicious, intentional or reckless behavior. The key factors governing an award of punitive damages are the reprehensibility of the defendant's conduct, the wealth of the defendant, as well as statutory or constitutional limits on the amount of punitive damages allowable. In response to "tort reform" efforts, many states have established caps on the amount of punitive damages that juries can award.

It is important to choose a law firm experienced in aggressively pursuing wrongful death claims to the maximum benefit of their clients. At Brett & Coats, PLLC, our attorneys give proactive attention to the needs of each family. We offer a free initial consultation in Washington state wrongful death cases, and we make it our chief priority to consistently provide you with individual attention throughout the case's progression.

Many insurance companies know our firm's determination to litigate cases when a settlement offer is inadequate. As a result, we are usually able to resolve wrongful death claims through negotiation. Call the attorneys at Brett & Coats, PLLC today at 360-714-0900, 1-800-925-1875, or contact us via our online form.