Do I have a wrongful death claim?
Wrongful death lawsuits come about after a person causes the death of another person through his or her negligence. For example, if someone causes a car accident in which another person dies, then this might be the basis for a wrongful death case.
According to the Washington State Legislature, to file a wrongful death lawsuit, you need to be sure that you have grounds to make a claim.
No requirement for a criminal act
You may file a wrongful death lawsuit even if the situation does not involve the other person committing a felony. In some cases, a wrongful death case may not involve any criminal activity at all.
You may have a claim if you sustain damages from the death of the person. Such damages may be financial or not. For example, if you relied on the person to provide for you financially, then you have a claim. Another example is if the person was your child, the loss of companionship in that situation would be damages that provide grounds for a claim.
The other person needs to have committed some type of wrongful act for a viable claim. This might be due to neglect or not observing legal responsibilities. For example, a driver who causes a deadly accident is at fault due to neglect. A property owner who fails to secure a backyard pool where a child drowns is also at fault due to not holding up his or her legal responsibility to the premises.
You want to be sure that you have a solid case against the right person before filing a claim with the court. Ensuring your claim meets these requirements may help.