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What is Wrongful Death: Establishing Negligence in Washington State

By Christopher Davis

Republish: EasyPublish™ Published: 25Feb2010 Word count: 510 Viewed: 541 time(s) Get Free Content For Your Site

A wrongful death is one that is caused by the negligence or wrongful act of another. A wrongful death case refers to the type of claim that may be brought on behalf of certain surviving relatives to recover compensation against the party responsible for causing that death. Specifically, Washington law defines this cause of action as the death of a person "caused by the wrongful act, neglect, or default of another."

A wrongful death occurs when a person dies as a result of the wrongful or unlawful conduct of another person or entity. The wrongful conduct can be intentional (e.g., assault or murder) or unintentional (e.g. carelessness, negligence or malpractice). Of course, an individual person can cause a wrongful death. But a nonperson, like a corporation or governmental entity, can also be legally responsible for a wrongful death. For instance, if a person causes another's death while on the job, this may give rise to a wrongful death claim against that person's employer as well.
When a wrongful death occurs, Washington law states that only certain designated surviving relatives may pursue a cause of action against the responsible party. If these relatives do not exist, a wrongful death action may be pursued only on behalf of the estate (but the damages which may be recovered are limited). This will be explained further in the chapters that follow.

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. The term "negligence" is simply defined as "the failure to exercise ordinary care under the same or similar circumstances." Thus, to prove a wrongful death claim, you must show that the person who caused the death was acting careless in some way.

Sometimes, it can be fairly easy to determine whether a person was negligent and that the negligent conduct caused another person's death. For example, many wrongful death cases involve automobile accidents. A driver who causes another person's death by violating a traffic law (e.g., running a stop sign or crossing the center line) is negligent for being careless in that specific situation. As a result, a wrongful death claim may be pursued against that driver because his negligence caused the death of another person.

Sometimes, it can be more difficult to determine whether someone's death was caused by negligence. For instance, in a medical negligence case, the question of whether a physician acted carelessly may be more complex and difficult to determine. In this type of case, the law usually requires that another physician give an expert opinion about whether negligence has occurred.

It is important to note that a finding of negligence against the wrongdoer is just one element that must be met before a wrongful death case may be successful. Other requirements may include the existence of a proper wrongful death beneficiary (e.g., a designated surviving relative like a spouse or child) and that certain damages have been incurred.

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