Wrongful Death Attorney in Washington DC

Crying woman with photo frame and paper wipe at funeral

Losing someone we love to an untimely death can have a devastating effect on surviving friends and family. It goes without saying that nothing can ever make up for the loss of a loved one. However, when caused by another person’s wrongful actions, the law provides surviving family members with some legal routes to hold the at-fault party accountable.

At Marks & Harrison, our Washington D.C. wrongful death lawyers have over one hundred years of experience helping injury victims navigate the law to secure the justice and accountability they deserve. We also understand how painful it is to lose someone you love in a preventable accident caused by someone else’s carelessness.

If you have lost a loved one to a wrongful death, we offer you our most sincere condolences. Our team of knowledgeable and compassionate wrongful death attorneys is ready to make sure you know your rights and help you explore your legal options. Contact us today for a free consultation with an experienced wrongful death lawyer in Washington, D.C.

What Is a Wrongful Death in Washington DC?

In Washington, a wrongful death is defined as any death caused by the “wrongful act, neglect, or default of a person or corporation” that would have provided the decedent with grounds for a lawsuit had they survived their injuries. The scenarios that may give rise to a wrongful death lawsuit are virtually limitless.

Among other things, our legal team has experience handling wrongful death claims involving:

How Is Liability Established in a Wrongful Death Case?

Though it is certainly possible to file a claim based on intentional wrongdoing, most personal injury claims are instead based on a negligence theory of liability. To successfully prove wrongful death by negligence, plaintiffs must prove that the defendant violated their duty to use reasonable care to avoid causing harm to others.

We all owe each other this basic legal duty. However, its specific requirements will vary depending on the scenario. For example, drivers have a duty to obey traffic laws, property owners have a duty to keep their premises safe for certain visitors, and restaurants have a duty to make sure the food they serve is safe. If a violation of any of these duties results in a wrongful death, the at-fault party may be ordered to compensate the decedent’s surviving family members.

In all cases, you will need to prove the at-fault party’s negligence “by a preponderance of the evidence.” This simply means that you must show that their culpability is more likely than not.

The evidence in your case will also vary widely depending on the scenario. For example, the key piece of evidence in a car accident case may be the police accident report; in a premises liability case, footage from nearby surveillance cameras; and in a death-by-food-poisoning case, a recent health inspection report. Our experienced wrongful death attorneys can thoroughly investigate the evidence available to build a strong claim on your behalf.

Who Can File a Wrongful Death Claim in Washington DC?

In many states, family members may bring a wrongful death claim seeking compensation for the loss of a loved one. In Washington, however, only the personal representative of the decedent’s estate may file a wrongful death claim. Any proceeds awarded are then distributed to surviving family members.

Note the legal distinction between a wrongful death action and a survival action. Though both must be brought by the decedent’s personal representative, a wrongful death action is brought on behalf of the decedent’s surviving family members. By contrast, a survival action is brought on behalf of the decedent’s estate. The name is derived from the idea that the cause of action “survives” the decedent’s death.

A personal representative may be named in the decedent’s last will and testament, in which case they are sometimes known as an executor. When appointed by a court in the absence of a will, they are sometimes known as an administrator and will normally be selected from among the decedent’s surviving family. Contact our Washington D.C. wrongful death lawyer today.

What Compensation Can You Recover in a Wrongful Death Claim?

Though money awarded in court will never truly make up for a wrongful death, the law does create an avenue toward compensation in order to provide surviving family members with a measure of accountability and justice. Wrongful death claims also provide the societal benefit of deterring dangerous behavior likely to cause fatal harm to others.

Surviving family members may receive compensation for both financial and non-financial aspects of their loss.

Collectively, they may be compensated in a wrongful death case for things like:

  • Funeral and burial expenses.
  • Medical bills related to treating the decedent’s cause of death.
  • Lost financial support the decedent would have provided had they survived.
  • Loss of care, training, advice, education, consortium, and other interpersonal benefits the decedent would have provided to their family.

How Is Compensation in a Wrongful Death Claim Distributed?

If the decedent left a valid will, any compensation awarded in a wrongful death claim would be distributed accordingly. If they did not, compensation will be distributed for the “benefit of [their] family and shall be distributed to the spouse and next of kin according to the allocation made by the verdict or judgment.” If the court does not make an allocation, the proceeds are then distributed according to the District’s laws of intestate succession.

Unfortunately, the distribution of proceeds in a wrongful death case can sometimes lead to conflict among surviving family members. To avoid this, it is best to have an experienced wrongful death lawyer working on the case to ensure that everything is distributed appropriately, as well as to anticipate and smooth out any legal disputes that may arise.

What Is the Statute of Limitations for Filing a Wrongful Death Lawsuit?

In most cases, Washington gives personal representatives two years from the date of a wrongful death to file a lawsuit seeking compensation. This may seem like a long time. However, investigating the accident and building a strong case can take months. Further, missing the two-year deadline nearly always results in the destruction of your right to seek compensation in court. Subject to a few narrow exceptions, late filings will simply be dismissed.

Contact a Washington DC Wrongful Death Lawyer Now

Losing a loved one in an unexpected accident is one of the most traumatic experiences you and your family can go through. Though the law cannot reverse this kind of tragedy, it does provide some avenues to hold the at-fault party accountable.

At Marks & Harrison, our team of compassionate personal injury attorneys is standing by to help you explore your options and get started on the path toward accountability and compensation. Contact us today for a free, no-obligation consultation with an experienced wrongful death attorney in Washington.