Washington D.C. Wrongful Death FAQs
If you’ve lost a loved one due to someone else’s fault or negligence, you may have questions about your rights in Washington D.C. Below, we’ve addressed some of the most frequently asked questions involving wrongful death claims. Understanding these basics can help you better navigate the legal process and decide whether to file a claim. Keep reading to learn more, and feel free to reach out to our Washington D.C. wrongful death lawyers and schedule a free consultation if you have additional questions.
What Is Wrongful Death in Washington D.C.?
A wrongful death claim arises when a person or business causes someone’s death through a wrongful act, negligence, or default. If the victim had lived and could have pursued a personal injury lawsuit, the party at fault remains liable even though the outcome was fatal. In some cases, the circumstances may also involve criminal acts, but the person or corporation can be held financially responsible in a civil wrongful death lawsuit.
Who Can File a Wrongful Death Lawsuit in Washington D.C.?
Under Washington D.C. law, a surviving spouse or child typically has the right to claim damages from a wrongful death. However, additional family members might be eligible depending on the situation, especially if there’s no surviving spouse. In any event, a personal representative – often appointed by the court – must file the claim on behalf of the deceased individual’s family or estate.
(a) When, by an injury done or happening within the limits of the District, the death of a person is caused by the wrongful act, neglect, or default of a person or corporation, and the act, neglect, or default is such as will, if death does not ensue, entitle the person injured, or if the person injured is married or domestic partnered, entitle the spouse or domestic partner, either separately or by joining with the injured person, to maintain an action and recover damages, the person who or corporation that is liable if death does not ensue is liable to an action for damages for the death, notwithstanding the death of the person injured, even though the death is caused under circumstances that constitute a felony.
What Are the Common Causes of Wrongful Death in Washington D.C.?
Wrongful deaths may occur in various situations, including car crashes, workplace accidents, medical negligence, or assaults. Unsafe conditions, reckless behavior, or defective products can also contribute to fatal outcomes. Each case must be carefully evaluated by collecting evidence. Then a lawyer can determine liability and help you pursue proper compensation.
How Long Do I Have to File a Wrongful Death Claim in Washington D.C.?
Most wrongful death lawsuits in Washington D.C. have a two-year filing deadline. Missing this window generally means you lose the right to seek compensation in court. Because of this strict time limit, it’s important to contact a wrongful death attorney sooner rather than later.
An action pursuant to this chapter shall be brought by and in the name of the personal representative of the deceased person, and within 2 years after the death of the person injured.
In some cases, this deadline can be extended or shortened, depending on the circumstances. Always talk to a lawyer right away.
What Damages Can Be Recovered in a Wrongful Death Case in Washington D.C.?
When someone’s life is lost because of negligence or wrongdoing, their family may be entitled to compensation. This can cover financial support the victim would have provided, medical costs incurred before death, and burial or funeral expenses. Families can also seek compensation for loss of companionship, emotional distress, and the pain and suffering endured by their loved one before they passed.
Can I File a Wrongful Death Claim If the Deceased Was Partially at Fault in Washington D.C.?
Washington D.C. generally follows a contributory negligence rule, which can bar recovery if the deceased bears any responsibility for the accident. However, there are exceptions. Under the Vulnerable User Collision Recovery Amendment Act of 2020, if the victim was a pedestrian or bicyclist, the family can still pursue compensation even if the victim was partially at fault.
(a) Unless the plaintiff’s negligence is a proximate cause of the plaintiff’s injury and greater than the aggregated total negligence of all the defendants that proximately caused the plaintiff’s injury, the negligence of the following shall not bar the plaintiff’s recovery in any civil action in which the plaintiff is one of the following:
(1) A pedestrian or vulnerable user of a public highway or sidewalk involved in a collision with a motor vehicle or another vulnerable user; or
(2) A vulnerable user of a public highway or sidewalk involved in a collision with a pedestrian.
In these cases, a grieving family may still be able to pursue compensation, even if the victim might have been partially at fault.
What Is the Process for Investigating a Wrongful Death in Washington D.C.?
Investigations often include collecting police and medical reports, interviewing witnesses, and reviewing any video or photographic evidence. Experts like accident reconstructionists or medical professionals may be used to clarify how the incident happened. This thorough approach helps identify responsible parties and supports a compelling argument for compensation.
Can a Wrongful Death Lawsuit Be Filed if the Deceased Did Not Have a Will in Washington D.C.?
Yes. A person can still file a wrongful death lawsuit in Washington D.C. if the deceased did not have a will. In these situations, the court usually appoints someone, often called a personal representative, to manage the estate’s legal matters. That representative files the claim on behalf of the deceased’s family or beneficiaries. The absence of a will doesn’t prevent anyone from filing a wrongful death claim.
How Do I Choose the Right Attorney for a Wrongful Death Case in Washington D.C.?
Look for a lawyer with proven experience in handling wrongful death claims and knowledge of D.C. law. Ask about their track record, client success stories, and whether they have access to resources like expert witnesses. Consider their communication style and ask about fee structures, so you know what to expect throughout the process.
If you have any more questions about wrongful death claims, we’re always here to help. Contact us today to schedule a free consultation with a D.C. wrongful death lawyer.