Infant Wrongful Death in Seattle
The loss of a child is one of the hardest experiences a parent can go through. If you lost a child due to medical malpractice, you can seek financial compensation through a lawsuit against the health care professionals responsible.
- Our personal injury lawyers are passionate about seeking justice and will not hesitate to enter the courtroom if necessary.
- Our firm has significant experience engaging with insurance companies. We understand how they operate and will always negotiate for the highest settlement possible.
- Our firm operates on a contingency fee basis to reduce your out-of-pocket fees. We will advance all costs necessary to move forward with your case and you will not pay any legal fees unless we win your case.
Who Can File an Infant Wrongful Death Claim?
In the state of Washington, you can file an infant wrongful death claim if your child’s cause of death involved the “wrongful act, neglect, or default of another.” Washington places limits on who can file these claims. In most wrongful death cases, the filing party must be the personal representative of the deceased’s estate, a spouse or partner, or a child.
Since your child did not have any of these relationships, you can file a claim if you are the deceased’s parent or sibling. In addition, Washington law has special rules for wrongful death claims that involve the death of a child. You must prove that you regularly contributed to the support of your child to file the claim. Hiring a personal injury attorney from Washington Injury Law can help you satisfy this condition.
Proving Infant Wrongful Death in Washington
When you decide to file a wrongful death lawsuit on behalf of your infant, you will have to enter a lengthy and complicated settlement process. To successfully prove a case of infant wrongful death in Washington, you will need to satisfy the following elements in civil court.
- First, your attorney will need to prove that the medical professionals named in your suit had a responsibility to provide proper medical care to your infant. You and your attorney can prove this by showing that you, your child, and the doctor had a doctor-patient relationship. This item is in place to avoid lawsuits against doctors from patients who were not in their care.
- Next, your attorney will need to prove that the medical professional breached his or her duty of care by making a medical mistake. The court will need proof that a similarly trained and educated professional would not have made the same error. Your attorney can help you uncover evidence and consult with medical experts to prove this element.
- Finally, your attorney will need to prove that this breach of duty of care led to your infant’s death. For example, if the doctor failed to monitor oxygen levels during labor and your child died due to a lack of sufficient oxygen, this would prove this element. In addition, your attorney will need to prove that you and your child suffered damages as a result of these injuries and the resulting death.
What Damages Can You Claim in an Infant Wrongful Death Lawsuit?
Through an infant wrongful death lawsuit, you can claim certain damages to receive compensation based on the circumstances of your case. Your attorney can help you determine what damages you can claim and help you calculate them. Examples of damages in infant wrongful death claims include medical expenses, burial and funeral costs, physical pain and suffering, and emotional distress.
If you need an attorney for your infant wrongful death case, contact Washington Injury Law today. We offer free consultations to discuss your legal options at our Seattle offices.