Everett Wrongful Death Lawyer
Wrongful Death in Washington, RCW 4.20.010, provides for a cause of action in the event of a wrongful death of a family member and loved one. When the death of a person is caused by the wrongful act, neglect or the fault of another, his or her personal representative may maintain an action for damages against a person or entity which is responsible for causing the death of another. The lawsuit may be filed on behalf of all beneficiaries providing they are statutory beneficiaries and have a right to recover compensation under our statute in Washington.
RCW 4.20.020 entitles all beneficiaries to join in a wrongful death claim on behalf of the estate of the deceased. The action shall be for the benefit of a wife, husband, child or children, including step-children of persons who death shall have been so caused. If there is not a wife, husband or child, a wrongful death action may still be maintained for the benefit of parents, sisters or brothers, providing each are dependent upon the deceased person for support and who are residents within the United States at the time of the death.
Over the years, we have had many inquiries regarding bringing a wrongful death claim for the loss of an adult child. Washington statute requires that a parent can only recover for the death of an adult child, one 18 years of age or older, if they are “dependent” on the deceased child for support. “Dependent upon” for support means that either through financial means or other labor efforts, the surviving sibling or parent is being supported in some way by the deceased child or sibling. In such a situation, a wrongful death case may be maintained.
Rob Kornfeld handles wrongful death claims in the areas of medical malpractice, construction, maritime, motor vehicle collisions, nursing home and other areas where a wrongful death is caused by another’s negligence.
Contact a Seattle wrongful death attorney at our firm today for your free and confidential consultation.
Q. If my child has a birth defect, can I sue the doctor?
A. In most cases, it is very difficult to show that a health care provider was negligent. Unless your doctor prescribed a medication during pregnancy that has known negative effects upon the fetus or unborn child, or unless the doctor did not properly monitor and interpret the fetal heart strips and immediately act to take the baby by C-section, your likelihood of success to bring a claim against your OB-GYN may not be high. If the doctor discusses the risks of a specific medication and you choose to go ahead with it, expect the doctor to require you to sign a release indemnifying the doctor should there be any negative results. Nonetheless, this may not bar a claim for your baby if he or she has developmental problems as long as you move timely to file a lawsuit.
Because a birth injury involves a claim of medical malpractice, the burden of proof is upon you to prove that the doctor or other health professionals involved were negligent in providing their services.
Contact a Seattle Medical Malpractice Lawyer at our firm to learn more.
Q. Is there any information I should get to support my claim?
A. Yes. You should take pictures of the accident scene if you can. This should be done as soon as possible, as evidence is often swept away within hours. Also, take pictures of yourself and any passengers immediately after the accident. Follow up with pictures a few days later, when bruises, etc. become apparent.
Read more FAQ or feel free to contact an Everett car accident lawyer at our firm for a free consultation.
Rob Kornfeld’s Profile
ROBERT KORNFELD -The following is a brief background of Mr. Kornfeld’s accomplishments.
Rob Kornfeld graduated from the University of Vermont in 1976 with college honors in the area of European Studies. He attended law school at Gonzaga University in Spokane, Wa, where he graduated in 1979. Mr. Kornfeld is a member of the Washington State Bar and is licensed to practice in federal court, e.g. the Western District of Washington at Seattle, and before the United States Supreme Court in Washington D. C. He is also a member of the New York Bar Association.
Mr. Kornfeld is a longstanding member of the Washington State Association for Justice, formerly the Washington State Trial Lawyers Association, and the Association of Trial Lawyers of America. He is a Master Advocate of the National Institute of Trial Advocacy, has served on the Washington State Trial Lawyers Editorial Board as Co-Senior Editor of Verdicts and Settlements, and written many articles and published in the WSTLA Trial News. Mr. Kornfeld has co-chaired many seminars for the Washington State Trial Lawyers Association and attended WSTLA seminars as a guest speaker, and has also spoken at other continuing legal education seminars sponsored by the Washington State Bar Association and other legal associations.
Robert Kornfeld is experienced in trials and settlements in both state and federal courts and has been licensed on a case by case basis to handle legal actions in other jurisdictions outside of Washington state, including Alaska, Arizona, Idaho, Oregon, New York, Massachusetts, and has assisted on cases in British Columbia, Canada.
Continue reading Everett personal injury lawyer Rob Kornfeld’s profile.
WA Truck Accident Lawyer Answers FAQ
Q. If injured by a semi or commercial truck, do I have a better case for receiving damages?
A. Yes, you do. Truck drivers are expected to meet higher standards. If you are injured in an accident and violation of the Federal Motor Carrier Safety Regulation Act can be proven, you may have a case against not only the driver but the carrier as well. The best way to make sure you receive the compensation you deserve is to hire a personal injury attorney to evaluate the merits of your case.
Read more truck accident legal questions or contact a Seattle truck accident lawyer at our firm for your free consultation.
FAQ From Everett, WA Birth Injury Lawyer
Q. What is birth injury malpractice?
A. Birth injury malpractice is a specific type of medical malpractice referring to negligence relating to the delivery of babies, including premature babies. A birth injury malpractice attorney focuses on proving whether a medical professional involved with the care of the baby, such as a physician, physician’s assistant, family doctor, nurse or midwife, failed to follow the acceptable standards of care, resulting in an error and injuries. Any care which fell below the standard of care of a reasonably prudent health care provider may give rise to a cause of action for medical negligence. In delivering a baby, for example, a mid wife is held to the same standard of care as an OB-GYN.
Q. Are birth injuries common?
A. Less than 1/2 of 1% of all deliveries result in a birth injury. This equals about 5 births out of every 1000.
Q. Are all birth injuries permanent?
A. Fortunately, many birth injuries do not result in permanent injury. Many newborns can recover from injury from recovering within a few weeks or months of birth. Common examples of this type of birth injury include bruises, broken blood vessels in the eyes, facial paralysis and collarbone fractures. Unfortunately, some birth injuries result in damage that is lifelong. Brachial plexus palsy and cerebral palsy are among the most common of the severe birth injuries.
Q. What is brachial plexus palsy?
A. If during delivery the baby’s shoulder lodges on the mother’s pelvic bone, it is essential for the doctor to follow appropriate procedures while relieving and releasing the shoulder. If he/she does not do so, paralysis of the shoulder, arm and hand can occur. Erb’s Palsy involves paralysis of the shoulder and upper arm. When only the lower arm, wrist and hand are paralyzed, the brachial plexus palsy is called Klumpke’s Palsy.
Q. How soon is brachial plexus palsy apparent?
A. The damage is seen immediately and requires prompt treatment. In many cases, if treatment is appropriate, the damaged nerves heal on their own, avoiding permanent impairment.
For more visit Washington Birth Injury Lawyer or to schedule your free consultation.
Injured in Everett? We Can Help!
Kornfeld, Trudell, Bowen and Lingenbrink, PLLC, is a law firm available to assist in the handling of your personal injury claim, featuring over 100 years of combined experience between the founding partners. Rob Kornfeld has thirty (30) years as a practicing lawyer in the area of personal injury law, helping injured people just like you navigate the legal system and to recover the compensation you deserve. Rob has dedicated his professional life to helping people harmed by the fault of another, and has a proven track record of high recoveries for his client. Take a look at Rob’s Success Stories in Personal Injury Law to see some of the results in his representation of other personal injury clients like you.
Put the experience of Kornfeld, Trudell, Bowen and Lingenbrink to work for you. Call Rob now or email at Rob@Kornfeldlaw.com for a quick case evaluation, or call Rob to schedule a free initial consultation (800) 202-4878.
Contact our Everett personal injury lawyers today for your free consultation.
Everett Personal Injury Lawyer: What is Your Case Worth?
No one can tell you exactly what your case is worth without fully evaluating all the facts. In most cases, an evaluation cannot be performed until your medical condition has stabilized and you have reached maximum medical improvement. At that point in time, your claim may be ready to be evaluated. An investigation will be performed and your doctor or other experts will need to provide final reports. We shall need to obtain all medical records and relevant documents to determine how a pre-existing condition may or may not have been impacted by your injury.
Contact the Everett personal injury attorneys at our firm today to have your potential claim evaluated thoroughly and free of charge.
Further research of the relevant points of law and consultations with experts to assess the strengths of your case, weaknesses and your case value may be required. If you would like our office to evaluate whether you have a case and the strengths of your case, please contact us. Email Rob at Rob@kornfeldlaw.com or call 1 (800) 282-4878 to schedule a free consultation or case evaluation over the telephone, by e-mail or in person at a convenient location for you, either at our main office, a satellite meeting location, in your home or at the hospital.
Spinal Cord injury to Quadriplegic Patient: A quadriplegic passenger strapped and secured in his van suffered a cervical strain-whiplash injury in a car accident. The 72-year-old retired Boeing engineer suffered a partial loss in the use of his neck caused by a chronic cervical strain and muscle spasms. This gentleman’s loss was significant to him as his neck was his sole remaining source of independence. Our client uses a wand, held between his teeth in his mouth, to operate his wheel chair by manipulating the wand between his teeth to operate touch controls on his wheel chair, to operate his computer, and to operate other aids in daily life. His wife was also hurt in the car accident and the UIM insurer, State Farm, offered only$35,000 the week before UIM arbitration. The parties elected to arbitrate her UIM claim. The UIM arbitrator awarded $101,000 plus taxable costs for the wife’s loss of her husband’s consortium and for his wife’s soft tissue injuries suffered in the same MVA. Total award: $850,000+
Spinal Cord injury to Quadriplegic Patient: A quadriplegic passenger strapped and secured in his van suffered a cervical strain-whiplash injury in a car accident. The 72-year-old retired Boeing engineer suffered a partial loss in the use of his neck caused by a chronic cervical strain and muscle spasms. This gentleman’s loss was significant to him as his neck was his sole remaining source of independence. Our client uses a wand, held between his teeth in his mouth, to operate his wheel chair by manipulating the wand between his teeth to operate touch controls on his wheel chair, to operate his computer, and to operate other aids in daily life. His wife was also hurt in the car accident and the UIM insurer, State Farm, offered only$35,000 the week before UIM arbitration. The parties elected to arbitrate her UIM claim. The UIM arbitrator awarded $101,000 plus taxable costs for the wife’s loss of her husband’s consortium and for his wife’s soft tissue injuries suffered in the same MVA.
Total award: $850,000+
Think you have a claim? Contact an Everett personal injury lawyer at our firm today for your free consultation.
What is my Everett Personal Injury Claim Worth?
No one can tell you exactly what your case is worth without fully evaluating all the facts. In most cases, an evaluation cannot be performed until your medical condition has stabilized and you have reached maximum medical improvement. At that point in time, your claim may be ready to be evaluated. An investigation will be performed and your doctor or other experts will need to provide final reports. We shall need to obtain all medical records and relevant documents to determine how a pre-existing condition may or may not have been impacted by your injury.
Further research of the relevant points of law and consultations with experts to assess the strengths of your case, weaknesses and your case value may be required. If you would like our office to evaluate whether you have a case and the strengths of your case, please contact us. Email Rob at Rob@kornfeldlaw.com or call 1 (800) 282-4878 to schedule a free consultation or case evaluation over the telephone, by e-mail or in person at a convenient location for you, either at our main office, a satellite meeting location, in your home or at the hospital.
