Understanding What Wrongful Death Means

by | Jan 11, 2013 | Law

You too may have heard of news about wrongful death, but not all people know what this legal term means. Wrongful death occurs when the negligence or wrongful conduct of an individual, organization, group or company result in the fatality of another. It usually involves healthcare professionals and facilities but may also happen elsewhere. Under the law, the immediate family of the decedent may file wrongful death claims and when approved, the negligent party may be held liable. Depending on the merits of the case, the defendant may be made to pay the damages recoverable by the beneficiaries. A Wrongful Death Lawyer in Centralia WA is crucial in the success of claims for damages. These lawyers serve as the legal representative of the victims in the court of law.

Under the law, only the immediate family members have the right to file a wrongful death claim, although there are some exemptions that may apply. For instance, if the surviving beneficiary of decedent is a minor or is incapacitated, the legal guardian may be allowed to file the claims in lieu of the immediate family. In some cases, the decedent may have completed and filed a legal document that empowers another person over his or her legal capacities after death. There are many exceptions which you may clarify with your attorney. The compensation may vary depending on a lot of factors such as the employment and earnings of the decedent at the time of death, the relationship of the claimant to the victim, and the pecuniary damages incurred due to the untimely demise of the victim.

In order for a wrongful death claim to progress, the Wrongful Death Attorney in Centralia, WA must accomplish the necessary paperwork through the court. It must be done within a given period of time (wrongful death cases are covered by a statute of limitations) or else it becomes automatically invalid.

In many cases, the health facility or company would try to negotiate for a settlement even before the case reaches the court. Some families may find this favorable since this process does not often entail any tedious legal process. However, you should be wary of such negotiations as the company would try to reduce their expense by under-compensating the beneficiaries. When a wrongful death case reaches the legal arbitration, the expense of the negligent party can climb, which is something they are quick to avoid. Furthermore, the filing of the case in itself can have a huge impact in the reputation and name of the company, regardless of the outcome of the case. This is perhaps what all companies would try to avoid at all cost.

If you are to engage in a settlement outside of the court, it is recommended that you have a qualified Wrongful Death Attorney in Centralia, WA at your side. They can help you negotiate and decide properly so you can get what is rightfully due to you. It is important to point out that the wrongful death claim that is awarded to the family is not payment for the death of a loved one but rather financial aid to be used to cover for their future financial needs.


Wrongful Death Attorney Centralia WA If you think your loved one has been a victim of wrongful death, you ought to seek the help of a legal professional. To learn more about how they can help you, visit us

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