In Washington, D.C., a wrongful death lawsuit must always be initiated by the victim’s personal representative. They will determine fault, calculate damages, and file a wrongful death claim against the at-fault party. Both sides will then negotiate compensation, and if a fair settlement cannot be reached, the case will go to trial. An attorney can answer your questions and help you understand how to file a wrongful death lawsuit in Washington, D.C.
What Elements Are Required to File a Wrongful Death Claim?
Washington, D.C. law defines a wrongful death as one caused by a wrongful act, neglect, or default of another individual or corporation. In simpler terms, wrongful death is any death caused by a negligence-based accident, medical malpractice, or an intentional or criminal act. Car and truck accidents, workplace incidents, and violent criminal acts can all potentially trigger a wrongful death case.
To file a wrongful death lawsuit, you must establish four essential elements. The first is that the careless individual who caused the accident owed the victim a duty of care. For example, consider a car accident case. All Washington, D.C. drivers are legally obligated to operate their vehicles safely. Failure to do so can lead to a catastrophic and potentially deadly accident that the negligent driver may be held responsible for.
Additional elements required to file a wrongful death claim involve establishing that the at-fault party breached that duty of care, the victim died as a result, and their family suffered financial losses because of that death.
How Do You Prove Wrongful Death?
Proving wrongful death requires collecting and preserving evidence. Evidence is crucial to putting together a compelling claim and seeking maximum compensation. An experienced Washington, D.C. wrongful death attorney can review the circumstances of your family’s situation and conduct a complete investigation of the accident, your loved one’s cause of death, and the effects of their death.
In the process, your attorney will gather and secure vital evidence before it can be lost or destroyed. This proof can strengthen your claim to help you demand the money and justice your family deserves.
Who Can File a Wrongful Death Lawsuit in Washington, D.C.?
In Washington, D.C., only the victim’s personal representative can file a wrongful death lawsuit on behalf of the estate – regardless of whether they’re a surviving spouse, child, or other expected beneficiary. The personal representative or executor is typically named in the individual’s will. If someone dies without a will or specified estate plan, the court may appoint a personal representative to manage the estate.
What Damages Can a Wrongful Death Claim Recover?
Wrongful death cases can be complicated. The value of a case is highly fact-specific and depends on the circumstances of the incident, the severity of injuries before death, and other factors. A wrongful death attorney can help you understand your legal options for recovering compensation and calculate the accurate value of your unique claim. In general, a personal representative can pursue compensation for the following:
- Funeral and burial costs
- Accident-related medical expenses before death
- Future lost income and benefits
- Value of lost services such as support, education, advice, and companionship
Unlike other jurisdictions, Washington, D.C., does not cap the damages a family can recover from a wrongful death lawsuit. However, survivors cannot seek compensation for non-economic damages such as emotional distress or pain and suffering.
Will a Wrongful Death Claim Always Go to Court?
A wrongful death claim may not necessarily go to court. Companies, insurers, and individuals often prefer to settle a claim out of court to avoid the legal fees and time associated with fighting a court battle. Regardless, having a dedicated Washington DC wrongful death lawyer working for you and your family is essential. An attorney can help build a compelling claim backed by evidence that puts you in the best position to negotiate for maximum compensation. When the opposing side refuses to negotiate in good faith or a fair agreement cannot be achieved, an attorney can prepare a case for court.
How Will the Proceeds from a Wrongful Death Lawsuit Be Distributed?
Although only the personal representative can file a wrongful death lawsuit in Washington, D.C., any award from a successful case gets distributed to the victim’s beneficiaries or estate. Compensation is distributed to family members and beneficiaries based on their relative level of loss and following Washington D.C.’s distribution of damages statute. Beneficiaries may include a surviving spouse, as well as other family members such as children, parents, or siblings, depending on the case.
Is There a Time Limit for Filing a Wrongful Death Lawsuit?
Personal representatives generally only have two years from the date of the individual’s death to file a wrongful death lawsuit in Washington, D.C. If a case does not get filed before the legal deadline, it faces dismissal. Family members can lose leverage and the ability to recover maximum compensation for their losses. This is why contacting an attorney as soon as possible is so important – it ensures your claim is investigated and filed in time and protects your family’s rights.
Contact a Washington, D.C. Wrongful Death Lawyer
There’s little as painful and traumatic as suddenly losing a cherished loved one. Although money cannot make up for your loss, it can help provide a measure of justice and stability for you and your family, giving you time and space to grieve. A compassionate wrongful death attorney with Marks & Harrison can help you understand your legal rights and fight for the accountability your family deserves. Contact our Washington DC personal injury lawyer today.
If you need more information on how to file wrongful death claims, contact our office today for a free case evaluation.
