Losing a loved one because of someone else’s negligence or reckless actions is a heartbreak that no family should face, and it often comes with overwhelming financial strain as well. In Washington, DC, the law recognizes that loss by allowing two distinct legal claims: wrongful death and survival actions.
Many families pursuing justice don’t realize that they might qualify for both types of claims, or that each one is designed to address different aspects of suffering and loss. Understanding the critical differences between wrongful death and survival actions can help you recover the financial support your family needs with the help of a Washington D.C. wrongful death attorney. Call (202) 919-5453 for a free consultation today.
What Is a Wrongful Death Claim in Washington, DC?
A wrongful death claim is a civil lawsuit specifically created to help the surviving family members of someone who has died due to another’s negligence or wrongdoing. This claim is meant to address the losses personally experienced by those left behind.
Who Can File a Wrongful Death Claim?
In Washington, DC, a wrongful death claim is typically filed by the personal representative (sometimes called the executor) of the deceased’s estate.
While the personal representative handles the claim legally, any settlement or verdict is distributed to qualifying family members such as the spouse, domestic partner, children, and sometimes parents, depending on the family structure and the facts of the case. If you’ve been injured in a wrongful death case due to an auto accident, reach out to our car accident lawyers in DC.
Recoverable Damages in a DC Wrongful Death Lawsuit
The types of compensation you may be able to recover are designed to cover the practical losses your family will face, which usually includes:
- Funeral and Burial Expenses: Costs of laying your loved one to rest, including the funeral itself, related travel, and burial or cremation expenses.
- Medical Bills: Any costs for emergency treatment, hospital stays, and healthcare related to the final illness or injury that led to your loved one’s death.
- Lost Future Earnings: The income, wages, or other financial support your family member would likely have provided if they had lived.
- Value of Lost Services: Compensation for the contributions your loved one provided at home, like taking care of children, household tasks, offering advice, emotional guidance, or supporting education.
Unlike some states, D.C. does not limit (cap) the amount of money you can be awarded in a wrongful death case. However, the law does not allow damages for your own grief, sorrow, or emotional pain (mental distress or anguish) from this type of lawsuit.
What Is a Survival Action in Washington, DC?
A survival action is a different type of lawsuit designed to address the losses experienced by the victim, not the family, right before their death.
On the death of a person in whose favor or against whom a right of action has accrued for any cause prior to his death, the right of action, for all such cases, survives in favor of or against the legal representative of the deceased.
Who Can File a Survival Action?
A survival action is filed by the legal representative of the deceased person’s estate, typically the person managing their will or estate affairs. Damages recovered in a survival action become part of the deceased’s estate. They are then distributed according to the will or inheritance laws, rather than going directly to surviving family members.
Recoverable Damages in a Washington, DC Survival Action
A survival action in Washington, DC, allows the estate of a deceased person to seek damages for harm suffered by the deceased between the time of their injury or illness and their death. This generally includes:
- Medical Bills: All hospital, emergency, and healthcare costs incurred by the deceased as a result of the injury or illness that ultimately led to their passing.
- Lost Wages and Financial Losses: Income the deceased person would have lost had they lived.
- Pain and Suffering: Compensation for the physical pain and injuries the deceased experienced in their final days, weeks, or months.
- Conscious Emotional Distress: Money damages for emotional suffering or mental anguish the deceased endured while aware of their injuries and the seriousness of their situation.
All recovered compensation in a survival action becomes part of the deceased’s estate and is inherited by beneficiaries according to the person’s will or inheritance rules.
If you’ve lost a loved one and are trying to figure out what type of claim you can file and how to do it, our team can help. Call our personal injury lawyer in DC today at (202) 919-5453 to schedule a free consultation with a wrongful death and survival action lawyer.