No one can bring your loved one back or undo the pain of losing a family member, but Simeone & Miller, LLP can help you hold the responsible party accountable. Wrongful death cases are uniquely painful and can be far more complicated than other claims. You may have to overcome far more obstacles to obtain a fair settlement. That said, with a seasoned D.C. wrongful death lawyer in your corner, you can have peace of mind. Contact us today so you can tell us your story.
You need a firm with the skill to aggressively pursue your claim. We are prepared to fight for your rights, even if it takes us up against the police or other authorities and institutions. We have done it successfully in the past, and we’re ready to do it for you.
Wrongful death refers to an incident where someone else’s negligence, misconduct, or carelessness caused your loved one’s death. You do not have to prove intent to kill, but you must demonstrate that the defendant was strictly liable for your loved one’s death, or that their negligence played a significant role. You can also take your family’s losses into consideration. If you have sustained emotional or financial damages, you may have a case.
While wrongful death statutes are written separately for each state, they tend to fall in line with the same general guidelines. For the most part, any wrongful death claim must contain four key elements:
The circumstances surrounding a wrongful death case can be complicated. You will need help establishing and organizing the facts to present in court. Simeone & Miller can explain applicable state laws and help you navigate the maze of complexities.
Misconduct refers to the conduct that directly resulted in wrongful death. Misconduct can be an act of momentary negligence or carelessness, or it could be an intentional or reckless act. It can be the act of a person, corporation, or representative of a government institution. The law provides for the compensation of the survivors when a wrongful death occurs, just as it provides for compensation of victim(s) who have been injured by similar misconduct.
State law will govern the allocation of damages between survivors, and these statutes are subject to oversight from the court. To determine how damages will be dispersed, the court will adhere to “intestate succession” laws.
Damages in a wrongful death case may include:
Although monetary compensation cannot make up for the emotional loss, it can help eliminate the financial burdens and anxieties you’re dealing with. However, a wrongful death lawsuit cannot be filed by just anyone. In order to file a legitimate wrongful death lawsuit, you need to qualify as the personal representative of the deceased’s estate.
$935,000.00 settlement: two women were killed in an apartment fire
$750,000.00 settlement: woman suffered fatal injuries due to medical malpractice
$750,000.00 settlement: man was killed in an auto accident with an 18-wheeler
$550,000.00 settlement: man died from an infection that doctors did not treat
$450,000.00 settlement: woman was killed after colliding with a truck
Unlike a criminal case, which is brought by the government, in Washington, D.C., wrongful death lawsuits are brought by the personal representative of the estate of the deceased. Pursuant to Section 20-303, a surviving spouse or domestic partner, or children of an intestate decedent may be appointed as a personal representative.
In the absence of these potential beneficiaries, it is possible for extended relatives to file a wrongful death lawsuit. No matter who is filing the lawsuit, the personal representative generally has two years from the date of the victim’s death to file. There are, however, exceptions to this rule that can shorten or lengthen this time period.
The following individuals may be entitled to damages:
In most cases, the closest familial relations receive damages obtained through a wrongful death action. Generally, damages are awarded to close family members who relied on the deceased person for financial support.
Many times, an wrongful death lawyer is needed to determine the proper jurisdiction in which to bring a wrongful death claim. This area of law is known as “choice of law” and can be complicated, particularly in complex cases involving wrongful death. The legal team at Simeone & Miller, LLP is experienced in “choice of law” matters, as well as the many other intricacies involved in pursuing a wrongful death case in Maryland, Virginia, or Washington, D.C..
Whatever type of accident was involved in your loved one’s death, you can trust that our firm has the experience to help. Contact a D.C. wrongful death lawyer in a free consultation for the advice you need. Our firm has been recommended by more than 1,000 clients, so you can trust that your family’s case will be in good hands.