The black letter law can be unemotional and sometimes unfair to people. However, laws can be changed that can correct injustices.
For years, Washington State law allowed parents to bring wrongful death actions claims for the wrongful death of their unmarried adult son or daughter only if they were financially dependent on their child. This law resulted in certain families being unable to pursue claims for the death of their child based on the negligence of another party. The good news for victims and their families is that in 2019 the Washington State legislature changed this law with the Governor's signature.
Now under RCW 4.20.020 when a person dies with no spouse, state-registered domestic partner, or such child or children, such action may be maintained for the benefit of the parents or siblings of the deceased.
My law firm, Law Offices of Paul L. Schneiderman, recently worked on a tragic case where one can see the real-life effects of the change in this wrongful death law.
On February 21, 2023, Ms. Jeanette Strube, an unmarried working-class young woman, was traveling as a passenger in a vehicle driven by a friend near Chehalis, Washington. Jeanette sadly died as a result of another driver's negligence. The driver of Jeanette's vehicle was seriously injured, but he survived. Jeanette died with no siblings, domestic partner, or children.
Prior to the 2019 change in this Washington law, there would have been no beneficiary that would have been able to make a wrongful death claim on behalf of Jeanette. Based on the change in this law, Jeanette's kind father, Mr. David Strube the plaintiff in the civil lawsuit, was allowed to be a statutory beneficiary.
The wrongful death lawsuit case settled with the defendants at the insurance policy limits in the amount of 1.1 million. Mr. Strube was also able to recover from an underinsured motorist (UIM) policy in the amount of $100,000 for a total combined settlement of 1.2 million.
Attorney A. Richard Dykstra of Friedman Rubin PLLP associated with Law Offices of Paul L. Schneiderman in the representation of the plaintiff, Mr. Strube. Mr. Dykstra ably advised the plaintiff primarily with insurance coverage issues. Law Offices of Paul L. Schneiderman also recruited Attorney Ms. Dalynne Singleton of the Gourley Law Group, to effectively assist the plaintiff with the probate aspects of this wrongful death case.
The civil case is David John Strube, as Administrator (aka personal representative) of the Estate of Jeanette Elizabeth Strube deceased vs. Rodriguez, et al, Lewis County Superior Court, NO. 24-2-00575-21.
Comments
There are no comments for this post. Be the first and Add your Comment below.
Leave a Comment