Christopher Davis

y pursuing a wrongful death claim you will likely be interviewed by a claims representative from your own insurance company, or the deceased person's carrier, or the at-fault person's insurance company, or by all three. You might think the adjustor is trying to help you, especially if it is the adjustor from your insurance company. Keep in mind that this may not be the case at all. E

To understand a wrongful death claim, you must also understand the principle of negligence. Most wrongful death claims are based on the wrongful act of negligence committed by the responsible party. w

The courts have also stated that the surviving parent or sibling need not be wholly or completely dependent on the deceased. Partial dependence has been deemed sufficient. But there must be enough evidence to prove "substantial financial dependence." The financial dependence must also occur at the time of death, as opposed to having occurred in the past or to occur at some point in the future.

The state of Washington has two main statutes that govern wrongful death actions. There is a general wrongful death statute and one that specifically applies to a parent's cause of action for the death of a child. In addition, there are statutes that address survival actions (e.g., to recover those damages the deceased could have claimed had the deceased survived).

Funerals are probably the most popular of all the memorial options, as they are the most traditional type of service. There is no one set way to have a funeral - how you proceed depends on your loved one's religious affiliation, age, and personality.

Wrongful death claims in Washington State are complicated and are often very expensive to pursue. They require a thorough understanding of Washington's complex wrongful death statute, the laws of probate and estates, and the case law decisions that have developed for these types of claims over many years.

Once a wrongful death occurs, the insurance claims process usually begins immediately. This means the personal representative and/or surviving family members must take immediate action. This action may include preserving all of the evidence from the accident, hiring experts to inspect any vehicles and/or the accident scene, and obtaining witness statements.

There is no easy way to plan the funeral of a loved one after an accident. You are likely feeling emotionally drained, physically exhausted, and over-stressed as you approach the memorial plans.

Your primary goal during the claims process phase of a wrongful death case is to build your case by collecting and evaluating all evidence that can help you secure a fair and reasonable settlement.

Seattle Attorney Chris Davis reports on a recent tragedy wherein a 9 month-old baby was maimed by her grandmother's dog.