If the unthinkable has happened to a loved one of yours, if you have lost a loved one and you suspect that an entity or party is responsible for the death of your loved one, our law firm stands ready to assist you on your matter. Generally speaking, the law gives people the right to hold others liable for their injuries when the injury resulted from that party’s negligent or wrongful act, especially when the injuries a person has suffered has led to their tragic death. Wrongful death cases arise from a variety of circumstances including automobile collisions, premises incidents, jail incidents, excessive force used by the police, and other many other kinds of incidents. There are two main kinds of claims that can be brought under Washington State Law. The first is a claim for wrongful death brought pursuant to RCW 4.20.010, which the estate can bring on behalf of the statutory beneficiaries for the economic and noneconomic damages suffered by the statutory beneficiaries for the wrongful death of your loved on. The second is a claim, called a survivor claim, that can be brought under RCW 4.20.046, which is where the personal representative of the decedent’s estate (the estate of the person who died), can bring a claim for the decedent’s economic loss as well as the decedent’s “pain and suffering, anxiety, emotional distress, or humiliation personal to and suffered by the deceased on behalf of [the statutory] beneficiaries . . .” See RCW 4.20.046 and RCW 4.20.020. Because the law in this area can get quite complicated and because you will want to assert a claim for all of the damages the estate and the statutory beneficiaries are entitled to, it is highly advantageous that you consult with an attorney experienced in handling wrongful death claims.

In addition, to wrongful death claims brought under Washington State Law, in civil rights actions, particularly where a loved one has died in a Jail or died as result of wrongful conduct or excessive force by a police officer, there are robust claims that can be advanced under Federal Civil Rights Law, namely 42 U.S.C. Section 1983. In such cases, because the Federal Civil Rights Act is a remedial statute, the damages allowed for in a Federal Civil Rights Action involving a wrongful death may well go beyond what one could obtain under State Law. For example, under Section 1983, you are entitled to pursue a claim for the “loss of Life” of your loved one, but the same rule does not apply under Washington State Law. Sadly, Washington law does not recognize a claim for the “loss of life” damages that a plaintiff can maintain or assert under Section 1983, the Federal Civil Rights Statute.

Our firm is well-positioned to assist you if you have lost a loved one due to a wrongful death occurring in a Jail or Prison or due to the wrongful conduct of a police officer. Whether you have experienced the loss of a loved one through a tragic jail suicide, the failure of the jail or facility to provide proper medical and/or psychiatric care to your loved one, the failure to protect your loved one from self-harm, the failure of the jail or facility to protect your loved one from physical harm from other inmates, or other circumstances, we have the skill and expertise to assist you on such claims. Because we have experience in handling many different kinds of civil rights cases, we are well-positioned to talk with you about the loss of your loved one which may have occurred as a result of wrongful conduct in a jail or prison, or wrongful conduct by the police. We can help you determine whether you have a strong basis on which to proceed with a wrongful death action for the loss of your loved one.