Washington State Police reported a tragic wrongful death of a high school student involved in a car accident recently. Four students were headed to a track meet when the driver failed to yield the right of way at a stop sign. Troopers say the students were heading southbound when they pulled out in front of an eastbound truck on Highway 2. One student was declared dead at the scene. The other three were taken to a nearby hospital with injuries. Reports also indicate the driver of the truck that collided with their vehicle was also injured but treated at the scene of the accident. Extra counselors have been assigned to the high school for grieving purposes.
Can You Sue for Wrongful Death?
When a person is killed due to the negligence of another, including in a car accident, the surviving members of the victim’s family may file a wrongful death claim. Each state legislature has enacted wrongful death statutes that govern who can bring a wrongful death claim. Usually, immediate family members of the deceased seek a wrongful death claim to compensate for financial and emotional damage.
Four Main Elements of a Wrongful Death Case
Negligence: It must be proven that the individual being sued was reckless, careless, or negligent.
Causation: It must be shown how the defendant’s negligence caused the death of their loved one.
Breach of Duty: Proof that the defendant in a wrongful death owed a duty to the deceased. For example, in the story from above, the driver had a duty to the pedestrian to drive a reasonable speed and to be aware of pedestrians.
Damages: There can be many damages occurred from the death of a wrongful death victim. For instance, medical expenses, funeral and burial costs, loss of income and potential earnings, etc.
Proving these elements to court during a wrongful death lawsuit requires strong evidence. The experienced wrongful death attorneys at Parke Gordon Law Firm can help to gather this evidence and make a strong claim in your behalf. Call our Spokane law office today at (509) 482-7274 for a free consultation.
You Pay Nothing Until We Win Your Case