Losing a loved one is one of life’s most painful experiences.

Every year, countless lives are cut short due to preventable accidents in Seattle. The loss of a loved one leaves a permanent void that no amount of compensation can ever fill. Yet, the legal system provides an avenue for justice: a wrongful death lawsuit.

Recognizing a Wrongful Death

Wrongful death is a legal term referring to a situation where a person’s death is caused directly by the negligent, reckless, or intentional actions of another individual or entity. These actions represent a breach of the duty of care that the person or entity owed to the deceased. Wrongful death lawsuits are usually brought by the family or estate of the deceased to seek compensation for their losses, which can include financial contributions the deceased would have made, emotional pain and suffering, loss of companionship, and other related damages.

The process of identifying a wrongful death is twofold. It requires a clear comprehension of its legal definition while also discerning the circumstances that may constitute such a case. Let’s discuss some essential components that can help in recognizing a wrongful death:

  • Negligence: One of the primary factors in a wrongful death case is negligence. If someone’s carelessness, reckless disregard for safety, or irresponsible behavior led to the death, it could likely be categorized as wrongful death.
  • Breach of Duty: A key element in recognizing wrongful death involves identifying a breach of duty. If the person responsible for the death had a duty of care to the deceased, such as a doctor’s duty to their patient or a driver’s responsibility to other road users, and that duty was breached, this indicates a potential wrongful death case.
  • Causation: Causation is another essential factor in recognizing wrongful death. If the breach of duty directly resulted in the death, it suggests wrongful death. For instance, if a drunk driver causes a fatal accident, the driver’s breach of duty (driving under influence) directly led to the death.
  • Damages: A significant part of recognizing wrongful death is identifying damages suffered by the deceased’s family. If the family has experienced measurable damages such as loss of income, funeral expenses, or loss of companionship, this can indicate a wrongful death case.

The Legal Process in a Wrongful Death Case

On engagement, your personal injury attorney will start by establishing the facts of the case. This involves gathering and analyzing evidence, interviewing witnesses, and scrutinizing relevant documentation. If negligence is apparent, a claim is made against the responsible party or parties.

Filing a lawsuit is the next step if the offending party fails to accept liability or offer fair compensation. Your personal injury lawyer will then present your case before a judge, pushing for the best possible outcome.

In wrongful death cases, compensation could include coverage for funeral expenses, loss of future income, pain, and suffering before death, and loss of companionship, among other damages. Although monetary compensation cannot replace a lost loved one, it can help ease financial burdens and offer some level of closure.

Craig Swapp & Associates: A Strong Legal Advocate

In the Pacific Northwest, Seattle, Craig Swapp & Associates has built a reputation as a reliable and compassionate advocate for families dealing with wrongful death. Comprising a team of dedicated personal injury lawyers and accident attorneys, the firm has a strong track record in successfully representing clients in wrongful death lawsuits.

Experiencing the loss of a loved one due to someone else’s negligence is an incredibly challenging time. But it’s essential to remember that you do not have to go through it alone. Engaging a seasoned personal injury lawyer can provide you with the legal support necessary to seek justice and compensation.

Craig Swapp & Associates stands out with their unwavering commitment to their clients’ rights and interests. Their accident attorneys  are just a call away to guide you through the legal complexities of a wrongful death case.

Don’t bear the burden of your loss in silence. Assert your right to justice. Contact Craig Swapp & Associates today and let them assist you in navigating the legal landscape during this difficult time.

Written By: Ryan Swapp     Legal Review By: Craig Swapp