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Posts Tagged ‘compensation’

What is the Process for Wrongful Death Claims?

Posted on: May 25th, 2021 by Timothy Hendershot
The wrongful death claims process can be difficult. That’s why you need an experienced lawyer on your side.

The wrongful death claims process can be difficult. That’s why you need an experienced lawyer on your side.

One of the most difficult things a person can endure is the loss of a loved one. When it happens suddenly and is someone else’s fault, that loss is especially difficult to accept. Nothing can ever take the place of your loved one but winning a wrongful death claim can provide a sense of justice being served and also ease the financial struggles the family are going through.

For wrongful death claims, the cause of the accident and how the accident brought about the family member’s death generally require extensive investigation. This is why the family members should contact an experienced personal injury lawyer in Washington before a lawsuit is filed in a wrongful death case.

To establish if there was evidence in the accident of wrongdoing, your wrongful death lawyer will review all the medical records, interview witnesses and consult experts. All potential defendants in the case will need to be identified by the attorney, including those who may reside in other states or countries.

The lawsuit will be filed once your attorney has gathered evidence supporting a wrongful death lawsuit. A personal representative is appointed to file a wrongful death case. This person could be either a family member or a third-party with no interest in the outcome of the case.

The plaintiff and defendants will exchange evidence, records, and other information during discovery, including taking dispositions and answering written questions. Expert witnesses may also be involved in wrongful death cases to review the evidence and provide an opinion on the cause of death and who was responsible.

The parties may decide to settle the case at any time before the end of the trial, which may be better for the family who will then not have to go through the difficult process of a trial. This provides some predictability in the outcome instead of the case being left to a jury to decide if the accident was caused by the defendants.

Wrongful Death Lawsuit Attorney in Edmonds WA

It is devastating having to face the death of a family member or a loved one, but the situation is even more tragic when that death is wrongfully caused by someone else’s negligence.

Wrongful death litigation can be complex in Washington State, and there is a time limit for filing a wrongful death lawsuit. The experienced attorneys at Cunnane Law understand fully the trauma and hardships that families deal with when facing a wrongful death. Contact us today for a free case evaluation and allow us to help you seek justice and maximum compensation for the wrongful death of your loved one.

Note: This information was provided not for any specific claim and is written in broad and general terms and may not be the right path to follow for a particular claim or case. This information is not intended to create an attorney client relationship. It is always best to receive direct legal counsel for your legal issues. It is never too early to call the attorney, but it can be too late.

Wrongful Death Lawsuits in Washington State

Posted on: May 20th, 2021 by Timothy Hendershot
Not sure what a wrongful death lawsuit is? Here’s a brief introduction.

Not sure what a wrongful death lawsuit is? Here’s a brief introduction.

When someone you love has been killed in a car crash due to another person’s negligence, the responsible person should be held accountable. In Washington a wrongful death lawsuit gives certain family members a cause of action to seek compensation for their loss and hold the person who caused the accident accountable. Revised Code of Washington (RCW) 4.20.010.

Accident Types that Result in Wrongful Death Lawsuits

In Washington any accident that causes a fatal injury can lead to a wrongful death lawsuit. Accidents such as:

  • Car, truck and motorcycle accidents
  • Pedestrian accidents
  • Bike accidents
  • Drowning
  • Electrical shock
  • Workplace accidents

Who May File a Wrongful Death Claim?

Only the following family members related to the deceased are allowed to file for a wrongful death:

  • Spouse
  • Domestic partner
  • Child or children (this includes stepchildren)

The parents or siblings can file a wrongful death claim if there is no spouse, domestic partner or children, but only if they were dependent on the deceased for support.

Wrongful Death Claims Must be Filed Within the Prescribed Time Limit

The time limit, (known as the statute of limitations), for most wrongful death claims is three years from the date of death. However, in some cases this time limit can be longer or shorter.

To avoid filing the claim too late, family members should contact an experienced wrongful death attorney as soon as possible. Even if the lawsuit is filed one day too late the family may lose out on their claim.

Damages in a Wrongful Death Lawsuit

Damages included in a wrongful death lawsuit are the economic losses related to the family’s loss as well as non-financial damages associated to the loss of a loved one, and may include:

  • Funeral costs
  • Loss of the income the deceased would have earned
  • Loss of support
  • Loss of consortium
  • Loss of services
  • Medical costs and expenses incurred by the deceased after the accident but before death

Wrongful Death Lawsuit Attorney in the Edmonds WA Area

It can be difficult for the family to think about what to do after a loved one has been killed in an accident. Seek help from an experienced Edmonds, WA wrongful death attorney to guide you and your family through the difficult process of ensuring the persons responsible for the accident are held accountable.

Joe Cunnane at Cunnane Law will watch out for you and fight for your rights. As an expert car crash and personal injury lawyer, he will guide you through the whole process. Let Cunnane Law help you get your life back to normal and recover the compensation you deserve. For a free wrongful death lawsuit consultation, call today.

Note: This information was provided not for any specific claim and is written in broad and general terms and may not be the right path to follow for a particular claim or case. This information is not intended to create an attorney client relationship. It is always best to receive direct legal counsel for your legal issues. It is never too early to call the attorney, but it can be too late.

How Does Compensation for Pain and Suffering Work in Washington State?

Posted on: April 27th, 2021 by Timothy Hendershot
You may have heard of the term ‘pain and suffering’, but what does it actually mean in Washington?

You may have heard of the term ‘pain and suffering’, but what does it actually mean in Washington?

If you have been a casualty of a personal injury accident, including a car accident, and the accident was the fault of someone else, you may be due compensation for any injuries you received. Besides compensation for your physical injuries, you may also be entitled to compensation for non-economic injuries, otherwise known as “pain and suffering,” caused by the accident.

Although we have all heard the term “pain and suffering,” many people may not actually understand what injuries the pain and suffering calculation includes or even how they are calculated.

Washington State’s Legal Definition of Pain and Suffering

The State of Washington defines non-economic injuries as “subjective, non-monetary losses, including, but not limited to pain, suffering, inconvenience, mental anguish, disability or disfigurement incurred by the injured party, emotional distress, loss of society and companionship, loss of consortium, injury to reputation and humiliation, and destruction of the parent-child relationship.” (RCW 4.56.250)

So, what they’re saying is that a wide variety of subjective injuries suffered in an accident can be included in pain and suffering. The pain and suffering portion of your settlement represents things that are not easy to quantify. As an example: Unlike an injury for which you incur a medical bill, you do not receive a bill for the pain suffered as a result of that injury which makes it more difficult to quantify. Other things that are more difficult to quantify include, emotional distress, permanent disfigurement and scars.

Everyone’s Pain and Suffering is Unique

Each victim is affected in their own unique way by emotional distress, pain and anguish caused by an accident. One victim may experience the trauma of an accident more severely than another.  In the same way, one victim may suffer anguish as a result of disfigurement, or physical scarring, more severely than another victim. Our emotional reaction as the victim of an accident is as unique as our individuality.

If you have been injured in a personal injury or car accident in the Edmonds WA area you need a personal injury lawyer who can sit down with you and give you an accurate idea of what your case is worth, pain and suffering included. The factors considered when calculating your pain and suffering award include, your age, occupation and general state of health prior to the accident, and the actual physical injuries you received. An insurance adjuster may try to convince you that your pain and suffering award is a fixed amount but don’t settle for less than what your case is worth. The personal injury attorneys at Cunnane Law can help. Contact us today!

Note: This information was provided not for any specific claim and is written in broad and general terms and may not be the right path to follow for a particular claim or case. This information is not intended to create an attorney client relationship. It is always best to receive direct legal counsel for your legal issues. It is never too early to call the attorney, but it can be too late.

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