Washington, DC Wrongful Death Lawyer

How Can You Prove a Wrongful Death Lawsuit in Washington, DC?

Let’s say a drunk driver gets into a car accident that kills the other driver. In order for the family of the victim to bring a valid claim against the drunk driver, a wrongful death lawyer will need to prove the following factors:

• The death of the victim was caused either in part of or in whole by the carelessness, recklessness, or negligent actions of the defendant. For example, because the driver chose to drink and get behind the wheel of his car, he is negligent for his actions.
• The defendant had owed a duty of care to the victim and had breached that duty. The drunken driver had a duty to drive safely and follow the traffic laws. By driving while under the influence, that driver had breached his duty of care.
• The negligence of the defendant had caused the death of the victim. Because he was drinking and driving, the driver had caused the accident that took the life of your loved one.
• Not only did the accident cause the death of a victim but it also generated quantifiable damages, such as medical expenses, funeral costs, and loss of income.

Frequently Asked Questions About Wrongful Death Claims

What is the Statute Of Limitations for Wrongful Death in Washington, DC?

There are some important time limits to take into consideration with respect to a wrongful death lawsuit. Understandably, while a family mourns the loss of a loved one, filing a lawsuit is the last thing on your mind.

Generally, the statute of limitations for wrongful death claims is as follows:

• District of Columbia, two years from the date of death
• Maryland, three years from the date of death
• Virginia, two years from the date of death

These are the general statutes of limitations, and under certain circumstances, the statute may be shorter or longer in a particular case. Our mission is to provide the very highest level of legal representation to our clients in an effective and compassionate manner.

Who Can File a Wrongful Death Case in Washington, DC?

A wrongful death claim is usually filed by a personal representative of the victim. For example, a spouse can file a lawsuit on behalf of their deceased spouse. If the victim wasn’t married or had a partner, then the wrongful death lawsuit can be brought about by the next of kin. This includes:

• The victim’s children
• The parents
• The siblings
• The grandparents

In many cases, those who are the closest familial relations to the victim will receive damages, especially those who relied on the victim for financial support.

If there is a Criminal Case Involved, Can a Wrongful Death Suit Be Filed?

Even if criminal proceedings have begun, you can still file a wrongful death case in Washington, DC. For example, if someone is on trial for manslaughter, a lawsuit can still be filed on behalf of the family to receive damages for the death of their loved one.

How Are Damages Distributed to the Family Members?

The amount of money awarded to the surviving family members is based on the losses they experienced following the death of their loved one. If the deceased had a will, then the estate’s personal representative will be responsible for distributing the damages among the family members. However, if the victim died intestate (without a will) then the damages will be distributed in the following way:

• Entirely to the spouse if there are no surviving parents or children
• If there are children, two-thirds of the award will go to the spouse and the rest to the children. If there are surviving children that do not belong to the spouse, half of the money will do to them and the other half to the spouse.
• If there are no children but at least one parent of the deceased is alive, three-quarters of the damages will go to the spouse and the rest to the parent.
• If there is no spouse or children, the parents will receive the entire amount.
• If there is no spouse, children, or parents, the siblings will receive the entire amount.

Who Can Be Sued for Wrongful Death?

One or multiple parties can be held responsible for the death of a loved one. For example, in a medical malpractice case, the family could hold the medical professional, the healthcare facility, and any of the medical staff responsible for the accident. Other examples include a restaurant or bar that overserved a drunk driver and allowed them to drive home; automobile manufacturers who created a vehicle defect that resulted in a fatal accident; and a trucking company that didn’t train a truck driver properly.

What Kind of Damages Can Be Recovered in a Wrongful Death Lawsuit in Washington, DC?

Damages can be awarded to the survivors to cover any expenses that arose from the accident. These expenses include:

• Funeral costs
• Medical expenses
• Loss of financial support such as wages and benefits
• Loss of companionship
• Loss of consortium
• Loss of parental training and guidance

In some rare cases, punitive damages may be rewarded as an attempt to punish the defendant for their conduct and prevent any other individual or organization for acting in a similar way.

However, in Washington, DC, beneficiaries are not awarded any damages for grief, mental distress, or the loss of affection. Also, there is no set limit on how much money can be awarded in damages for a wrongful death lawsuit.