In Washington, a wrongful death is proven using forensic evidence. A pathologist completes an autopsy to identify the exact cause of the victim’s death. The cause of death must show a link between the defendant’s actions and the fatality. A Wrongful Death Attorney in Whidbey Island WA assists families that need to file a legal claim now.
How is a Wrongful Death Caused?
Under Washington state laws, the fatality occurred due to negligence, default, or a criminal act. Families have the legal right to file a claim when a family member dies due to any one of the three probabilities. Typically, the term identifies any action that was avoidable and the defendant had the chance to choose an alternative course of action to stop the fatality.
What is Negligence?
In law, negligence consists of a failure to provide an expected standard of care or duty that another party would have provided in the same situation. It is also an act in which an individual acted recklessly and caused the death of a victim. For example, a doctor is negligent if they choose to perform a risky surgery without the patient’s consent and the patient dies.
What Does Default Mean?
In wrongful death lawsuits, default indicates that the defendant failed to comply with laws or standards. It implies that the defendant was required by law to perform a specific action in relation to the event that caused the victims death and refused to complete the action. For example, a doctor is required to exhaust all avenues to revive a patient that enters an emergency room and is unresponsive. The only exception is when a patient has a living will that specifies a refusal of extraordinary measures.
Proving Criminal Acts
In a wrongful death lawsuit, a criminal act is another option that indicates the defendant is liable for the victim’s death. However, in the cases, the defendant must be convicted of the crime.
In Washington, a wrongful death is caused by negligence, default, or a criminal or wrongful act. Forensic evidence defines how the victim died. A complete investigation determines if the defendant is liable or if the victim’s death was accidental. Families that need help from a Wrongful Death Attorney in Whidbey Island WA Click here right now.
