Wrongful Death Lawyer Washington

The damages recoverable for the wrongful death of a child include medical, hospital, and medication expense, and the loss of consortium (love, companionship, services and support) that the child provided to the parents. The parents are also entitled to recover damages for the loss of financial support that the parents received from the child, and up to the time when the child reaches the age of majority. To recover lost financial support, the parents will usually have to show a history of receiving support from the child before that child’s death. The parents may also recover damages for the loss of love and companionship of the child and for injury to or destruction of the parent-child relationship. The actual amount recoverable will depend on the facts of each individual case, but will often depend on various factors like the age, health and capacity of the child and the situation of the surviving parents. Damages for the loss of love and companionship of the child and for injury to or destruction of the parent-child relationship may also encompass recovery for the parents’ own grief, mental anguish or suffering caused by the death of their child. These damages may also be reflected in each parent’s need for individual expenses necessarily caused by the child’s death, like the expense of reasonable and necessary psychological treatment, counseling and medication. Oftentimes it will be prudent to present expert psychiatric or psychological testimony to support the parent’s claim for these damages. Damages may also be recovered for the parents’ loss of companionship, including the loss of mutual society and protection of the deceased child in an amount that is fair and equitable under the circumstances. Wrongful Death of Adult Child The specific statute that permits an action for the wrongful death of a child applies only to minor children (under the age of 18). If the child is 18 years or older, a different statute applies. In the case of the wrongful death of an adult, Washington has created two tiers of beneficiaries who may recover damages. In the first tier, the wrongful death action is brought for the benefit of a surviving spouse and/or children. In the second tier, the action is brought on behalf of a surviving parent or sibling who may be dependent on the deceased for support. Thus, a parent can only recover for the wrongful death of an adult child if that parent was dependent on that child for support. The phrase “dependent for support” is interpreted by the courts to mean financial dependence. A parent of an adult child must be financially dependent on the child at the time of the child’s death as a condition to recovering damages for the wrongful death of that adult child. The statute also requires the parent to be a resident of the United States at the time of the adult child’s death. Take for example the case where an adult man dies in a traffic accident caused by another person. The man is married and has two children. In that situation, the man’s surviving wife and children can maintain a cause of action for wrongful death against the other driver. If that man is unmarried with no children, the man’s surviving parents may bring a wrongful death action but only if the parents can show they were financially dependent on their son at the time of his death. This requirement is part of a law that was first enacted more than 100 years ago, when it was much more common for adult children to financially support their parents. Today most parents are financially independent and do not need to rely on the financial assistance of their children. As a result, the law as it stands now can cause some very unjust results. Take for example the child whose wrongful death is caused shortly after the child’s 18th birthday. In that situation, the parents have no legal means to recover against the responsible party. Not unless the parents can show that they were financially dependent on their young child – a situation that almost never occurs. The law definitely needs to be changed to reflect the current norms of society involving the relationship of parents with their adult children. A parent does not have to be financially dependent on an adult child before the death of that child will cause a significant amount of pain and loss for that parent regardless of the financial consequences of death. For this reason the law should be changed to remove the financial dependence condition.

Originally published here.

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Christopher M. Davis is a Seattle attorney focusing personal injury cases. He is also known as a child accident lawyer and has written the the book ‘Little Kids, Big Accidents’ as a resource for parents of injured children. Learn more about Chris Davis and the Davis Law Group by visiting http://www.DavisLawGroupSeattle.com

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www.engelatlaw.com (206) 625-9800 Engel Law Group keeps up on the current changes in bankruptcy laws. Attorney Eric Engel handles chapter 7 and 13 bankruptcy matters. Call the firm in Seattle, Washington for representation.

There are many people in Los Angeles, California who are discovering each year that they have a family member or loved one that was the ill-fated victim of wrongful death. This scenario often results in family members experiencing a number of different emotions, including alarm, anguish, and even outrage. When faced with these complicated circumstances, many families don’t know how to handle the situation, and even more don’t know where they should go for legal consultation regarding their rights and the rights of their victimized loved one. Undoubtedly, the primary steps to take following the death of your loved one are to organize funeral arrangements, spend time with family, and allow adequate time for mourning. Once you and your relatives are able, it would be wise for you to seek the counsel of a wrongful death lawyer. He or she will be able to determine if your loved one’s death was the product of negligence.

You will need to seek the counsel of a wrongful death lawyer regarding the details of your loved one’s passing in order to determine if he or she was indeed the victim of irresponsible or negligent conduct. Wrongful death claims can be the result of many different circumstances and scenarios, so it’s important that your lawyer be experienced in this field of law. For the best counsel, seek a lawyer who actually specializes in these claims. He or she will have undoubtedly handled cases similar to yours and can offer you their training and experience in this particular segment of the law.

As an additional benefit, a specialized wrongful death lawyer will be able to offer you an accurate determination of what your wrongful death claim is worth. The amounts awarded in these types of claims differ from one set of circumstances to another. Therefore, they should only be determined by a skilled wrongful death lawyer. Lawyers that generally specialize in other areas of law may not be able to offer you the most accurate determination of the amount your claim is worth.

There are many specialized lawyers in Los Angeles who can help you receive a just settlement for your family following the wrongful death of your loved one. These law firms will have the skills and expertise necessary to instruct you in the rights you possess as relatives of the victim, along with the rights that you’re still permitted to. In addition to their training in legal counsel and representation, wrongful death lawyers can often offer you referrals and suggestions for litigation lenders. If you’re like many other families who are unexpectedly faced with a funeral, you have probably discovered how expensive the arrangements really can be. If you’re relying on funds from the wrongful death settlement to pay for these expenses, you may be in need of litigation financing while you wait for those funds to arrive. Your lawyer will likely be able to inform you of who the best and most reliable lenders are, so you’ll be able to cover your expenses when they are due.

Originally published here.

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Joel McLaughlin
Learn more about Los Angeles Wrongful Death
Read the original article.

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