Survival actions in Washington DC are personal injury lawsuits that survive someone’s death. These claims let the deceased’s estate seek compensation for the deceased’s losses from the time of injury until their death. You can file a survival action and wrongful death claim simultaneously.
If someone in your family died due to someone else’s negligent actions or carelessness, you may have the right to seek compensation through a wrongful death claim and a survival action. The Washington DC wrongful death lawyers at Marks & Harrison are ready to advise you about the best course of action in your situation.
Contact us now for a free consultation with a Washington DC survival action attorney at our law firm.
How Is a Survival Action Different from a Wrongful Death Claim in DC?
Survival actions and wrongful death claims either aim to compensate a person’s family or estate after their death, but they work differently and serve distinct purposes.
- A survival action is a lawsuit by the deceased’s estate to seek compensation for the losses the deceased suffered from the time they were injured until they died. It is essentially the personal injury claim the deceased could have brought if they had lived.
- A wrongful death claim is a legal action by someone’s family to seek compensation for the harm they’ve suffered due to the wrongful death of a family member, such as funeral expenses and lost earnings.
A survival action and a wrongful death claim can be pursued at the same time to hold the liable parties fully accountable for their actions and seek fair compensation.
For example, suppose someone sustains severe injuries in a collision with a drunk driver and dies a week later. In this scenario, the deceased’s family may have cause for a wrongful death claim against the drunk driver because the driver broke the law and caused the deceased’s fatal injuries. The deceased’s estate might also have cause for a survival action to seek compensation for the deceased’s lost income, medical bills, and other losses during the week after the crash but before they died.
Who Can Be Held Liable in a DC Survival Action or a Wrongful Death Claim?
DC Code § 16-2701 defines a wrongful death as any death resulting from “the wrongful act, neglect, or default of a person or corporation.” Therefore, any person, business, or other entity whose wrongful actions or carelessness caused someone’s death could be liable in a survival action or wrongful death claim.
Some examples of parties who might be liable in a survival action include:
- Drivers who cause fatal crashes by speeding, driving while intoxicated, driving while distracted, or engaging in other negligent driving behaviors
- Doctors who commit medical malpractice and cause fatal injuries or illnesses to their patients
- Manufacturers of defective products that cause fatal injuries or illnesses
- Negligent property owners who fail to address potentially fatal hazards on the premises
- Someone who assaults, stabs, or shoots another person, causing their death
Who Can File a Washington DC Survival Action?
DC Code § 12-101 is the statute governing survival actions in Washington DC. The law dictates that the legal representative of the deceased’s estate is the only person entitled to file a survival action.
In many cases, the legal representative is someone the deceased named in their will. If the deceased did not name anybody,, the courts can appoint someone to serve as legal representative . Heirs and next of kin such as surviving spouses or children can serve as legal representatives of a family member’s estate.
What Must Be Proven for a Successful Survival Action?
To win a survival action, you must prove that a person, business, or other party caused your family member’s injuries through their negligent or intentional acts. In this context, negligence means someone failed to take reasonable precautions to prevent an accident, such as a distracted driver who hits a pedestrian.
Some types of evidence you can use include the following examples:
- Police reports – In cases related to vehicle crashes or violent crimes, police reports may contain the investigating officer’s notes about how the incident occurred and who caused it.
- Surveillance or traffic camera videos – Traffic and other surveillance cameras sometimes record accidents and those who cause them.
- Eyewitness accounts – Eyewitness testimony can bolster a survival action by providing a neutral perspective on what happened.
- Photos of the accident scene – Photos from the scene of an accident can provide compelling proof of negligence.
- Analysis from expert witnesses – Experts in relevant fields can analyze facts about the accident and testify about their conclusions regarding who caused the accident and how.
You’ll also need proof of your deceased family member’s losses from the date of the accident until their death. Their medical bills and pay stubs can help you prove their medical expenses and lost income, while their medical records, eyewitness accounts, and expert testimony can shed light on their pain, suffering, and emotional distress.
Our Washington DC wrongful death and survival action lawyers are ready to find and preserve evidence to help you make a strong case.
What Types of Damages Are Recoverable in Survival Actions?
Compensation in a Washington DC survival action is based on the deceased’s losses from the date of their injury or illness onset until their death. Depending on the deceased’s injuries and other factors, their estate can recover compensation for:
- The deceased’s medical bills
- The deceased’s lost wages and other financial losses
- The deceased’s pain and suffering
- The deceased’s conscious emotional distress
Is There a Time Limit for Filing a Survival Action Claim in DC?
DC Code § 12-301 allows three years for the legal representative of the deceased’s estate to file a survival action in Washington DC. The time period on a survival action generally begins to run on the date of the decedent’s injury, and not on the date of the decedent’s death. You should speak to our attorneys right away so we can preserve essential evidence and secure eyewitness testimony.
Contact a Washington DC Wrongful Death Lawyer
Since our founding in 1911, Marks & Harrison has recovered millions of dollars for our clients. We have 30 attorneys and over 100 support personnel to handle your survival action and wrongful death lawsuit and take on the insurance companies. We’ll handle the legal process while you work through your grief and spend time with loved ones.
Call now or complete our contact form for a free consultation about your family’s legal options after your loved one’s death.
