To understand wrongful death law we must start in England where the common law began. At common law a plaintiff  injured by the negligence of another could recover damages from the negligent defendant. But when the plaintiff was killed, the action died with the plaintiff, so there was no wrongful death cause of action.

This changed in the United Sates with states adopting wrongful death statutory law. This post discuses how wrongful death works under Washington statutory law.

Wrongful Death Action. Washington statutory  law provides a wrongful death cause of action which must be brought by the personal representative of decedent’s estate. The law only allows certain statutory beneficiaries to recover through the personal representative.

First Tier Statutory Beneficiaries. Children (including stepchildren), spouse/domestic partner, and parents of a minor child are first tier. This means they can recover damages without showing economic dependence.

Second Tier Statutory Beneficiaries.  Parents of an adult child, and siblings who are economically dependent  on decedent are second tier statutory beneficiaries. They may recover only if there are no first tier statutory beneficiaries.

The law contemplates damages for the emotional loss of the loved one. The statute says In a wrongful death action the jury may give such damages as, under all circumstances of the case, may to them seem just. It is the lawyer’s job to recommend a just amount to the jury.

Survival Action. In Washington a survival action allows the personal representative to recover the economic loss of the decedent as well as his pain and suffering. These losses are not recoverable under the wrongful death law so a survival action is joined with the wrongful death action. Since the wrongful death law does not allow parents to recover  for the emotional loss of their adult child, the only case the parents have is for the economic loss and pain and suffering of their child while living. This action only exists to the estate so the parents must be beneficiaries of the estate.

Economic loss is based on the income decedent would have earned during his economic life expectancy. First, the life expectancy income is calculated. Second, consumption (what the person would have spent) is deducted. The balance is then  reduced to a present value (the value of the stream of income today as a lump sum amount).

Pain and suffering is calculated for the time  between the injury and death that decedent experienced pain and suffering. This is a general damage amount totally up to what the jury deems fair.

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This post discusses the traits of a good lawyer.

Helping People. A good lawyer cares about people. Law is a people  business, and a good lawyer likes people. He enjoys being in a  profession where he can make a difference in a person’s life by  taking care of a legal problem. He understands a legal problem  creates stress, and one of his roles is to reduce stress to his client.

A Listener. A good lawyer is a good listener. When he is meeting  with his client he focuses on his client. He listens attentively. He  internalizes what his client tells him  so he can identify with his  client’s legal situation.

Willing to Help Potential Client. A lawyer talks with a potential  client before taking the case. A good lawyer  discusses the client’s  legal situation in a meaningful way even if he choses not to take the  case. Often he will refer the potential client to a lawyer better equipped to take the case. When the legal problem is one where the potential client can solve herself the good lawyer tells him her how to do it herself. On simple matters the good lawyer does this without charging a fee.

Standing for Justice. The good lawyer stands for justice and speaks out when something is illegal or unfair. He does this even when speaking out will be at his peril. This is because the right to fairness runs through the veins of the good lawyer. This also means the good lawyer defends unpopular people and causes. He does not judge his client. He represents his client with all his ability knowing she is entitled to the best representation without the personal judgment of the lawyer.

Fairness in Fees. The good lawyer has a sense of fairness when it comes to attorney’s fees. He does not automatically charge all he is entitled to charge under his fee agreement. In a contingent fee case he does not make more then his client. In an hourly case he discourages litigation when he can obtain a fair result regardless of being able to make a higher fee going to court. In a flat fee case he ensures his fee bears a relationship to his work and the value of the result.

Professionalism. The good lawyer cares about the legal profession. He realizes young lawyers are the future. He mentors and helps young lawyers become good lawyers. The good lawyer is courteous to opposition lawyers. He treats them with respect and as equals. The good lawyer is pleasant to legal staff, to court staff and to judges. He remembers the motto “You never know who you are being nice to.”

Sleep Well. The good lawyer sleeps well. This is because the world is a better place because of how he practices law. In spending his time helping people, he has benefited his client and society. The fees he has made are fair in relation to what he has given back to his clients and to society.

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