Courts Rule Parents of Developmentally Disabled Have no Wrongful Death Claim

The parents of a 26 year old developmentally disabled adult sued for wrongful death, alleging a pharmacy refilled their son’s prescription for anti-seizure mediation at a higher than required dosage, and that lowering the dosage approximately two months later resulted in his death. The trial court dismissed the claim, not because it lacked merit, but […]

Woman Sues Debt Collector for Wrongful Death

A Florida woman is suing debt collectors claiming they caused her husband’s death. She claims illegal debt collection tactics, such as high frequency calling and calling neighbors, caused so much emotional stress that her husband, who had a heart condition, died as a result. Her husband had suffered a heart attack and had been airlifted […]

Wrongful Death Survival Statute

In addition to seeking “actual pecuniary loss” on behalf of statutory beneficiaries Washington has three survival statutes under which a deceased’s injury claim may be brought. Washington has three wrongful death survival statutes, a general survival statute and two that relate to personal injury claims.

Wrongful Death Statute

Wrongful death claims are claims brought on behalf of beneficiaries of the deceased as defined by statute against the negligent defendant whose actions proximately caused the death. Depending on the facts and circumstances other claims might be brought under the survival statutes. Both types of claims are often referred to as “wrongful death” claims for […]