Wrongful Death /

Survival Lawsuits

CONTINUING THE FIGHT FOR INJURY COMPENSATION AFTER YOUR LOVED ONE HAS PASSED

Once a person sustains an injury caused by another person or persons, the law recognizes that “a cause of action” has been created. That cause of action, the legal right to seek redress in a court of law, has a life of its own. In fact, it’s possible for a cause of action to outlive the plaintiff and/or the defendant. If your loved one had grounds for a personal injury lawsuit and subsequently passed away — from the original injuries or from an unrelated cause — that right to sue becomes an asset of your loved one’s estate. The estate representative can decide whether to proceed with a lawsuit, settle or let the claim lapse. At Rush, Hannula, Harkins & Kyler PLLC, we understand the difficult decisions families face in the aftermath of a loved one’s death. Our client-centered practice puts you at the forefront of all decisions regarding your litigation. Since 1959, we’ve helped representatives of deceased plaintiffs make the appropriate decision for their families regarding survival lawsuits.

 

HOW IS A SURVIVAL OF ACTION DIFFERENT FROM A WRONGFUL DEATH LAWSUIT?

While wrongful death attempts to compensate family members for the loss of a loved one, a survival action is the continuation of a personal injury lawsuit that the injured party had filed prior to death. The survival action seeks compensation for noneconomic losses personal to the deceased, including:

  • Pain and suffering
  • Anxiety
  • Emotional distress
  • Humiliation

The eligible beneficiaries are the same as those in a wrongful death claim. It is also worth noting that the injured plaintiff need not have died as a result of the injury event cited in the original lawsuit. Therefore, if a plaintiff files a personal injury lawsuit after sustaining a broken hip in a premises liability accident and later dies from an unrelated heart attack, the right to prosecute passes to the person’s estate.

 

WHAT IS THE STATUTE OF LIMITATIONS FOR SURVIVAL ACTIONS?

The estate representative must file the survival action within the statute of limitations for the deceased person’s injury. For most personal injury cases, the time limit to bring a lawsuit is three years, although a court sometimes allows extensions in cases where the plaintiff did not know until later that an injury had occurred or was incapacitated and unable to file.

 

Contact our Tacoma wrongful death attorneys to learn about your rights

If someone’s negligence claimed the life of your loved one, you may be eligible for compensation. Talk to an experienced wrongful death attorney at Rush, Hannula, Harkins & Kyler PLLC To schedule a free consultation and case evaluation, call us at 253-383-5388 or contact our office online.

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At Rush, Hannula, Harkins & Kyler PLLC we have the skill and experience to take on a wide range of personal injury cases throughout Washington state. From motor vehicle accidents to workplace injuries – our reputation and success rates keep opposing counsel on edge.

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Winning is when clients get the closure and compensation they deserve. We haven’t settled for less in the last sixty plus years. And we won’t for the next sixty.

$920,000
Client was involved in a truck accident that caused his wrongful death. He was crushed when the truck hit him from behind as he was unloading items from his vehicle.
$700,000
Client was a victim of medical malpractice for the failure to timely diagnose lung cancer. He ultimately experienced a wrongful death because it was too late to treat his cancer.
$625,000
Client was the victim of medical malpractice and suffered a wrongful death resulting from a failure to diagnose an abdominal aortic aneurysm in the emergency room.
$320,000
Client was the victim of medical malpractice that resulted from the failure to timely diagnose her cancer. She suffered a wrongful death as a consequence of the delay in initiating needed treatment.
FAQs

Frequently Asked Questions

We have answers to some of the most common Washington personal injury questions. These are resources for injury victims.

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Do I need a lawyer to file a personal injury lawsuit?

It is not necessary to retain a lawyer to file your personal injury lawsuit. You should base your decision to involve an attorney on a reasonable assessment of the pros and cons. Rush, Hannula, Harkins & Kyler PLLC is a highly reputable personal injury law firm that has served Washington since 1959. We deliver value to our clients that far outweighs the fees we collect. But before you retain any attorney, you have to be satisfied that the benefits exceed the costs. We offer these points for your consideration.

 

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What is the statute of limitations in Washington for personal injury?

A statute of limitations is state law; throughout the country, different states set different time limits for identical causes of action. Within each state, different causes of action have different time limits. In Washington, for personal injury lawsuits, the statute of limitations is three years.

 

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How much does a personal injury lawyer cost?

The great advantage of filing a personal injury lawsuit is that most attorneys operate on a contingency fee basis. That means that rather than charging upfront legal fees or an hourly rate, the attorney works without compensation until the case resolves through a jury verdict or settlement. At that time, the attorney takes a percentage of the award. The contingency fee arrangement helps plaintiffs who could not otherwise afford the costs of civil litigation to pursue just compensation without worrying about expenses. It also means that your ability to retain an excellent lawyer does not depend on your ability to pay, but rather on the attorney’s assessment of the strength of your case, or the importance of delivering justice to someone in your particular circumstances.

 

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How do I file a personal injury lawsuit in Washington state?

At Rush, Hannula, Harkins & Kyler PLLC, we want our clients to have an accurate picture of what a personal injury lawsuit entails. The process is rarely quick and easy; defense counsel and insurance companies often employ delay tactics to wear a plaintiff down. We offer this page as a primer for anyone who has a cause of action and is considering a personal injury lawsuit.

 

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The change you want to see happens when your story goes beyond the courtroom and makes an impact after the case is closed.

  • Our experience with Dan Kyler and Vern Harkins was excellent from the beginning and we were very satisfied with the end results.
  • Dan Kyler and Mike Fisher were professional and dedicated throughout the entire process. I would recommend this law firm to anyone.
  • Vern Harkins perseverance and hard work made it possible to get the maximum settlement from the insurance company. I know he had my interest in mind as demonstrated by his actions.
  • Dan Hannula’s hard work helped to settle my auto accident case.
  • Michael was outstanding. He was always professional, prepared, available for questions, and on top of my case. I highly recommend him and will always consider him to be my first choice for legal matters I need resolved.
  • Mr. Fisher has helped me in the past and is very trustworthy and sincere. I would recommend Michael and of course anyone else at Rush, Hannula, Harkins & Kyler.
  • My father was sick and dying, I needed assistance and I need it fast. With a single call to Mr. Fisher’s office, I was warmly welcomed, swiftly assisted and free of the concerns... I am forever grateful to Mr. Fisher for his exquisite services in my time of need.
  • The office staff were courteous, pleasant and kept me informed as to what was going on throughout the whole ordeal.
  • I am extremely satisfied with the service I experienced with this firm and I would recommend them to anyone that needs legal representation. Michael Fisher and his staff are great people.
  • John Wilson demonstrated his professionalism by keeping us current on our case, explaining our options, giving us realistic expectations and demonstrating the highest level of ethics and integrity beyond reproach. We have the highest confidence that we were well represented.
  • I have been a client of Dan Kyler’s since 1996. Having had numerous car accidents, I rely upon the Tacoma auto accident attorneys at RHHK to help me through them. The most obscure questions have been answered and help is given on all levels.
  • Mr. Fisher has helped me in the past and is very trustworthy and sincere. I would recommend Michael and of course anyone else at Rush, Hannula, Harkins & Kyler.
  • Our experience with Dan Kyler and Vern Harkins was excellent from the beginning and we were very satisfied with the end results.
  • The office staff were courteous, pleasant and kept me informed as to what was going on throughout the whole ordeal.
  • Having a motorcycle accident was bad enough, let alone dealing with insurance companies. John Wilson and his staff made everything easy to understand and hassle free.
  • John Wilson demonstrated his professionalism by keeping us current on our case, explaining our options, giving us realistic expectations and demonstrating the highest level of ethics and integrity beyond reproach. We have the highest confidence that we were well represented.
  • Michael was outstanding. He was always professional, prepared, available for questions, and on top of my case. I highly recommend him and will always consider him to be my first choice for legal matters I need resolved.
  • Mr. Fisher is an outstanding lawyer. He’s knowledgeable, responsive, and kept me informed at all times. I would definitely recommend him to anyone in need of a good attorney.
  • My father was sick and dying, I needed assistance and I need it fast. With a single call to Mr. Fisher’s office, I was warmly welcomed, swiftly assisted and free of the concerns... I am forever grateful to Mr. Fisher for his exquisite services in my time of need.
  • Mike Fisher is an example of a quality attorney who sets high standards in servicing his clients in the highest regard as an attorney and he is part of a great firm.
  • Vern Harkins perseverance and hard work made it possible to get the maximum settlement from the insurance company. I know he had my interest in mind as demonstrated by his actions.
  • I am extremely satisfied with the service I experienced with this firm and I would recommend them to anyone that needs legal representation. Michael Fisher and his staff are great people.
  • Having a motorcycle accident was bad enough, let alone dealing with insurance companies. John Wilson and his staff made everything easy to understand and hassle free.
  • Dan Hannula’s hard work helped to settle my auto accident case.
  • John Wilson demonstrated his professionalism by keeping us current on our case, explaining our options, giving us realistic expectations and demonstrating the highest level of ethics and integrity beyond reproach. We have the highest confidence that we were well represented.
  • I have been a client of Dan Kyler’s since 1996. Having had numerous car accidents, I rely upon the Tacoma auto accident attorneys at RHHK to help me through them. The most obscure questions have been answered and help is given on all levels.
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