Every state has its own set of rules regarding
wrongful death lawsuits. The District of Columbia is no different. While many states
do not differ greatly from one another and may even occasionally have
identical wrongful death laws, this is not always the case.
Section 16-2701 of the District of Columbia Code states that a death which
is caused by “wrongful act, neglect, or default of a person or corporation”
is a wrongful death. Unlike a criminal case, which is brought by the government
or state, wrongful death lawsuits are brought by the personal representative
of the estate of the deceased. In wrongful death cases, we often assist
clients in being appointed as the personal representative.
In D.C., pursuant to Section 20-303 a surviving spouse or domestic partner,
or children of an intestate (died without a will) decedent may be appointed
as a personal representative. . In the absence of any of these potential
beneficiaries, it is possible for extended relatives to file a wrongful
death lawsuit. No matter who is filing the wrongful death lawsuit, a personal
representative generally has two years from the date of death to file
a lawsuit. There are, however, exceptions to this rule that can shorten
or lengthen this time period.
Simeone & Miller, LLP are dedicated to pursuing justice on behalf of
our clients and have been recognized for the exceptional work we do for
our clients. Losing someone you love and care for is difficult and having
a strong advocate fight for you can make all the difference. We have handled
wrongful death cases involving
premises liability, and
Call us at
202-888-0872 for a free consultation.