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Who Can Bring a Wrongful Death Lawsuit

wrongful deathEvery 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 car accidents, product liability, workplace accidents, medical malpractice, premises liability, and truck accidents.

Call us at 202-888-0872 for a free consultation.