Our knowledgeable team can guide you through this process and fight for your rights. We will work tirelessly to build a strong case and secure the compensation you deserve. Contact us today for a free initial consultation with a wrongful death lawyer in Washington, D.C., and let us help you take the first step toward justice.

Understanding Wrongful Death Claims

 

Washington, D.C. law specifies that a wrongful death is a death caused by the wrongful act, neglect, or default of another person or corporation. If the wrongful act, neglect, or default would have entitled the injured person to file a personal injury claim had they survived, then the party that committed the wrongful act, neglect, or default against them remains liable even after the person’s death. Since the deceased person cannot file a claim themselves, their survivors can file a wrongful death claim to seek compensation for the harm they’ve suffered as a result of their loss.

A successful wrongful death claim provides compensation to the deceased person’s family or estate. These claims are distinct from criminal homicide cases, which, though they also involve someone causing another person’s death, are handled in different court systems and have different purposes. Below, we’ll explore some of these differences in detail.

Purpose and Goals

The main goal of a wrongful death claim is to compensate the surviving family members for the many ways their loss has harmed them. Survivors can seek financial compensation for losses such as lost income, final medical expenses, funeral costs, and loss of companionship. This compensation aims to help the family maintain their financial stability and cover any expenses resulting from the death. Pursuing a wrongful death claim involves filing an insurance claim or bringing a lawsuit in civil court. 

In contrast, criminal homicide cases aim to punish a person who causes someone else’s death. The District, through a prosecutor, files these cases in criminal court. The focus of a criminal homicide case is to seek justice by imposing penalties like fines and imprisonment. The primary objective is to hold the offender accountable for the harm they’ve done to society broadly and to deter others from committing similar crimes in the future. 

Burden of Proof

The burden of proof for wrongful death claims is lower than it is in criminal homicide cases. The plaintiff (the party bringing the lawsuit) must prove that the defendant (the allegedly responsible party) is liable “by a preponderance of the evidence.” This means that it is more likely than not that the defendant’s actions caused the death. Essentially, the evidence must show there is a greater than 50 percent chance that the defendant caused the decedent’s death for the plaintiff to win their case.

In criminal homicide cases, the prosecution must prove the defendant’s guilt “beyond a reasonable doubt.” This is a much higher standard, requiring certainty that the defendant committed the crime. The prosecution must present compelling evidence to convince the jury or judge that there is no reasonable doubt about the defendant’s guilt. This high standard is necessary because the consequences of a criminal conviction are severe, including potential loss of liberty and significant social stigma.

Parties Involved

In wrongful death claims, the deceased’s personal representative files a lawsuit against the person or entity responsible for the death. The parties involved are private individuals or organizations. The plaintiff’s side usually includes the deceased person’s immediate family, such as spouses, children, or parents. The defendant can be an individual, a company, or any entity whose actions or negligence allegedly contributed to the death.

Criminal homicide cases involve the government prosecuting the defendant. The victim’s family does not have control over the case, although they might participate as witnesses. The prosecution represents the interests of the District and society in seeking justice for the crime. The defendant, on the other hand, typically faces charges brought by the District and has the right to legal representation to defend against these charges. 

Outcomes

The outcomes of wrongful death claims and criminal homicide cases differ significantly. In a wrongful death claim, the court may award monetary compensation to the victim’s family. This compensation should provide financial support to the survivors based on specific harms they’ve suffered. The court can award both economic damages, such as compensation for medical and funeral expenses, and non-economic damages, such as compensation for loss of companionship.

If a court finds the defendant guilty in a criminal homicide case, the defendant faces criminal penalties. These penalties can include imprisonment, fines, or other forms of punishment. The focus is on holding the defendant accountable for their actions and deterring future crimes. The sentencing can vary widely depending on the nature of the crime, the defendant’s criminal history, and other factors. In some cases, the court might also order the defendant to pay restitution to the victim’s family, but this is secondary to the primary goal of punishment and public safety.

Legal Representation

In wrongful death claims, the estate’s personal representative hires a lawyer to represent the family’s interests and pursue compensation. The attorney works on behalf of the family to prove the defendant’s liability and secure a financial settlement or court judgment. They gather evidence, negotiate with the defendant’s insurance company or legal team, and represent the family in court.

In criminal homicide cases, a District attorney prosecutes the case, and the defendant may hire a defense attorney or have one appointed by the court if they cannot afford one. The prosecutor represents the government and seeks to prove the defendant’s guilt. The defense attorney’s role is to protect the defendant’s rights and interests by challenging the prosecution’s evidence and presenting any exculpatory evidence.

Who Can File a Wrongful Death Claim in Washington, D.C.?

Some states allow surviving family members to file wrongful death claims themselves. However, in Washington, D.C., only the personal representative of the deceased person’s estate can file a wrongful death claim. 

A personal representative is someone the court appoints to manage the deceased person’s estate. This is often someone that the deceased named in their will as their executor. However, if the deceased person died without a will, failed to name an executor in their will, or nominated an executor who cannot or will not serve, the court can appoint one. 

Court-appointed personal representatives are typically close family members, such as spouses, adult children, or parents. The personal representative has the legal authority to act on behalf of the deceased’s estate and pursue claims involving the estate, including wrongful death lawsuits.

The personal representative has several key responsibilities. They must gather and manage the deceased’s assets, pay any outstanding debts or taxes they owe, and distribute the deceased’s remaining assets according to the will or District law if no will exists. In the context of a wrongful death claim, the personal representative files the lawsuit represents the estate in court and negotiates any settlements. They are also responsible for distributing any compensation from trial awards or settlements to the deceased’s eligible surviving family members.

By filing a wrongful death claim, the personal representative seeks compensation for losses that the surviving family members and the estate have sustained due to the wrongful death. These losses can include final medical expenses, funeral costs, lost wages, and loss of companionship experienced by the surviving family members. 

Closeup of womans hand on coffin saying goodbye at outdoor funeral ceremony, copy space

Types of Wrongful Death Claims

Wrongful death claims can arise from a variety of tragic incidents where someone’s negligence or misconduct leads to the death of another person. These incidents include:

  • Car Accidents: Car accidents are among the leading causes of preventable death in the United States. When a driver behaves recklessly, drives under the influence, or fails to follow traffic laws, fatal accidents can occur. Car accidents resulting in wrongful death often require complex investigations to determine fault, requiring thorough examination of police reports, witness statements, and expert testimony.
  • Ridesharing Accidents: Ridesharing accidents involve companies like Uber and Lyft. These cases can be complex due to the involvement of corporate insurance policies and the distinction between what the driver’s insurance covers and what the corporation’s policy does. Determining liability might involve examining the company’s policies and whether the driver was logged into the app at the time of the crash.
  • Truck Accidents: Truck accidents can cause devastating damage and injuries due to the massive size difference between commercial and passenger vehicles. Claims are often further complicated by the various District and federal regulations concerning the trucking industry. These claims often involve multiple defendants, including the truck driver, trucking company, and even manufacturers of truck parts, if a defect contributed to the accident. 
  • Motorcycle Accidents: Motorcycle accidents frequently lead to fatalities due to the lack of protection for riders. If wrongdoing on the part of another party causes a fatal crash, the victim’s family can file a wrongful death claim against that party. Proving liability might involve reconstructing the accident scene and gathering eyewitness accounts to show how the other driver’s actions led to the fatal outcome.
  • Bicycle Accidents: Bicyclists are afforded most of the same rights and responsibilities as motorists, and when other road users violate these rights, the results can prove fatal. Wrongful death claims involving bicycle accidents rest on the duty of care drivers owe to cyclists and often require evidence such as expert testimony on safe driving practices and detailed accident reconstruction reports. 
  • Pedestrian Accidents: Drivers who ignore crosswalks, traffic signals, or right-of-way rules can cause fatal injuries to nearby pedestrians. Pedestrian wrongful death claims often focus on the driver’s failure to yield the right of way, obey traffic control devices, or pay attention to their surroundings.
  • Medical Malpractice: Medical malpractice is a term for preventable errors made by healthcare providers, such as misdiagnoses, surgical mistakes, or improper treatment decisions. If these errors result in a patient’s death, the family can file a wrongful death claim against the responsible medical professionals or institutions. These cases often require expert testimony to establish the standard of care and show how the provider’s actions deviated from accepted practices. 
  • Birth Injuries: Medical malpractice committed during labor or delivery can result in fatal birth injuries. If doctors or medical staff fail to properly monitor or handle complications, resulting in the death of the baby or mother, the family can pursue a wrongful death claim against them. These claims typically rely on expert analysis of the medical procedures and decisions made during childbirth. 
  • Nursing Home Abuse or Neglect: Nursing home abuse or neglect involves mistreatment or inadequate care of residents in long-term care facilities. If a resident dies due to physical harm or a failure to provide necessary medical care, their family can file a wrongful death claim against the facility. Evidence might include medical records, staff logs, witness statements, and inspection reports. 
  • Dangerous Premises Accidents: Dangerous premises are properties with hazardous conditions that pose risks to visitors, such as unsafe walkways, poor lighting, or lack of security. The property’s owner can be liable if these hazards contribute to a fatal incident. Dangerous premises claims require proving that the property owner knew or should have known about the dangerous condition and failed to address it. 
  • Slip-and-Fall Accidents: Slip-and-fall accidents happen when property owners allow unsafe conditions to affect the flooring surfaces of their premises, such as unattended spills or uneven stairs. Wrongful death claims involving slip-and-falls require demonstrating that the property owner’s negligence directly led to the dangerous condition that caused the fall. Evidence often includes maintenance records and expert testimony on property safety standards. 
  • Dog Bites or Attacks: Dog bites or attacks can be fatal, especially for children or older adults. If a dog owner’s failure to control their pet leads to a fatal attack, the victim’s family can file a wrongful death claim to seek compensation for their loss. These claims involve proving the dog owner’s negligence in managing their pet, which might require evidence of past incidents of aggression, examination of local leash laws, and witness testimonies. 
  • Workplace Accidents: Workplace accidents can be fatal, particularly in hazardous industries like construction or manufacturing. These cases require examining workplace safety records, employee training logs, and regulatory compliance. In many cases, the families left behind are entitled to workers’ compensation benefits from the worker’s employer.
  • Defective Product Injuries: Defective products cause deaths because they are not safe to use as intended. Manufacturers, designers, or sellers can be liable for wrongful death claims if their products lead to fatalities due to defects or insufficient warnings. These claims often necessitate detailed investigations into the product’s design, manufacturing process, distribution, storage, and marketing.
  • Traumatic Brain Injuries: Fatal traumatic brain injuries (TBIs) can occur as the result of blunt force trauma from car accidents or falls. If a TBI results from wrongdoing, the victim’s family can file a wrongful death claim to seek compensation for their loss. These claims require medical records, expert testimony on the injury’s severity, and evidence linking the misconduct to the fatal outcome. 
  • Spinal Cord Injuries: Spinal cord injuries are often the result of traumatic events like car crashes or falls. When they prove fatal, surviving families can file wrongful death claims against those responsible for the underlying incident. Proving these claims involves medical evidence, accident reports, and expert testimony to establish a connection between the negligent or wrongful act and the injury. 

The Legal Process of Filing a Claim

Filing a wrongful death claim involves a detailed legal process—one that families and personal representatives often find to be complex and challenging, especially while grieving their loss. Working with a lawyer can make the process both easier and more successful. An experienced wrongful death attorney understands the legal system and can handle the legal nuances of the case correctly and efficiently.

A lawyer can gather and organize compelling evidence, file demand letters and complaints, and represent the family in court. Lawyers can also negotiate with insurance companies and opposing counsel to secure fair settlements. They aim to protect the family’s rights and secure the compensation their clients deserve. Additionally, having a lawyer provides peace of mind, since family members know that a professional is advocating for their best interests while they can focus instead on healing and mourning their loss.

How to Initiate a Wrongful Death Lawsuit

Initiating a wrongful death lawsuit starts with hiring a lawyer, who will begin by conducting a thorough investigation of the decedent’s death. This investigation involves gathering relevant information about the circumstances leading to the death. The lawyer will collect evidence, interview witnesses, and review medical and police reports to build a strong case.

Next, the attorney will prepare and file a complaint with the court. This complaint outlines the case details, including the facts, legal grounds for the lawsuit, and the compensation the family demands. The lawyer will ensure that the complaint contains relevant and accurate information and file it with the court within the applicable filing deadlines.

After filing the complaint, the wrongful death attorney will serve the defendant a legal notice of the lawsuit. This involves delivering a copy of the complaint and informing them of the legal action and their obligation to respond. The defendant will have a specific period, usually 30 days, to file a response with the court. The lawyer will handle all communication and negotiations with the defendant’s legal team on the plaintiff’s behalf.

Necessary Documentation and Evidence

Successful wrongful death cases rely heavily on thorough documentation and strong evidence. Gathering the necessary documentation is a critical part of building a convincing case. The lawyer will need to work with the personal representative to collect various types of evidence to support the claim, such as:

  • Medical Records: Medical records are among the most important pieces of evidence in wrongful death cases. These records provide detailed information about the deceased’s injuries, the treatments they received, and their cause of death. Lawyers obtain these records from hospitals, doctors, and other healthcare providers involved in the deceased’s care.
  • Witness Statements: Witnesses can provide firsthand accounts of the incident that led to the wrongful death. Lawyers can identify and interview witnesses to gather their testimonies. These independent, unbiased statements can corroborate other evidence and offer additional perspectives on what happened.
  • Financial Documents: Financial documents are necessary to calculate the economic costs associated with the decedent’s death. These documents typically include the deceased’s income statements, tax returns, and records of any financial support they provided to family members. Wrongful death lawyers use this information to demonstrate the financial impact of the loss on the surviving family members.
  • Photographs and Video Footage: Photographs and videos of the accident scene, injuries, and other relevant details can also offer powerful evidence. These visual aids can make a compelling case by providing a clear and vivid representation of the fatal incident and its aftermath.

Expert Testimony: Wrongful death attorneys commonly seek testimony from experts to help them analyze documentary evidence and strengthen their cases. Experts such as medical professionals, accident reconstruction specialists, and economists can provide detailed analyses and opinions to support wrongful death claims. Expert testimony can clarify complex aspects of the case and quantify the family’s losses for insurance adjusters, judges, and juries.

Compensation in Wrongful Death Cases

The goal of pursuing a wrongful death claim is to address the personal and financial impact the deceased person’s death has had on their family. Depending on the circumstances, wrongful death compensation in D.C. can cover the following:

  • Medical, Funeral, and Burial Expenses: Funeral and burial costs can be significant. Compensation for these expenses aims to alleviate the financial burden on the family during an already difficult time. Families can also recover compensation for medical bills related to the deceased person’s final illness or injury. This includes the costs of any emergency care or treatments the person received before passing away.
  • Lost Income and Benefits: Surviving family members can demand compensation for the lost income and benefits the deceased person would have likely earned if they had lived. This includes the deceased’s salary, potential raises, bonuses, and other employment benefits. This aspect of compensation aims to ensure the family’s financial stability in the absence of the deceased’s monetary contributions.
  • Loss of Services: Wrongful death compensation can also address the loss of services the deceased person would have provided to their family had they survived, such as cooking meals, caring for children, and performing upkeep on a shared home, as well as less tangible services like providing education, training, and advice. Such contributions are valuable to the family’s well-being and development, so fair compensation should account for them accordingly.

In Washington, D.C., the compensation from a wrongful death claim goes to the deceased person’s family. The law specifies that the compensation for medical, burial, and funeral expenses must be separated first. The remaining compensation then goes to the surviving spouse and next of kin. The law explicitly states that the compensation cannot be used to pay off the deceased person’s debts or liabilities. The goal is to provide financial support to those who depended on the deceased person, reflecting their contributions to the family’s well-being.

Unlike some other jurisdictions, Washington, D.C., does not limit the amount of compensation a family can receive in a wrongful death case. This means families can demand compensation for the full extent of their financial losses without statutory limitation. However, it is worth noting that families cannot seek compensation for mental distress, grief, or anguish in these claims.

bouquet on the coffin while Funeral ceremony in Japan

Wrongful Death Statute of Limitations in D.C.

In Washington, D.C., you have two years from the date of your loved one’s death to file a wrongful death lawsuit. If you wait too long to file, you could lose your right to seek compensation for your losses. This is because the court will likely dismiss your case as untimely filed, preventing you from taking the at-fault party to trial.

This is why it is crucial to contact a lawyer as soon as possible if you know or suspect you have grounds for a wrongful death case. A lawyer can file your claim on time and take all the necessary steps promptly to preserve your rights. By contacting a lawyer immediately, you give them the time they need to investigate the case, gather evidence, and prepare necessary legal documents.

A lawyer can handle your claim efficiently and manage all aspects of the legal process on your behalf. This includes investigating the incident, collecting evidence, interviewing witnesses, and filing the lawsuit within the relevant timeframe. By working with a lawyer, you can focus on grieving and healing while they manage all the legal details and file your claim correctly and on time.

How Simeone & Miller, LLP Can Help

Pursuing a wrongful death claim can be overwhelming for families already reeling from the loss of a loved one. An experienced lawyer can provide valuable support and guidance throughout this process. By handling all the legal details for you, a lawyer can give your family the time and space you need to focus on healing and moving forward. Here are some key ways an experienced lawyer can assist with your wrongful death claim in Washington, D.C.:

  • Conducting a thorough investigation of the circumstances surrounding your loved one’s death
  • Gathering and organizing all necessary evidence, including medical records
  • Identifying and interviewing witnesses to obtain useful supporting statements
  • Handling all communication and negotiation with the defendant’s legal team
  • Consulting experts like medical professionals and accident reconstruction specialists
  • Calculating the financial impact of the deceased’s lost income and benefits
  • Negotiating settlements to secure fair compensation for your family
  • Representing your family in court hearings and trial proceedings if necessary
  • Filing the wrongful death complaint with the appropriate court
  • Serving the defendant with a legal notice of the lawsuit
  • Filing all legal documents within the applicable deadlines

At Simeone & Miller, LLP, we understand the profound impact that a wrongful death can have on your life. Our mission is to provide the support and legal guidance you need during this difficult time. Here’s why you should choose us for your wrongful death claim in Washington, D.C.:

  • Compassionate and Effective Representation: We prioritize your well-being and understand the emotional and financial strain that follows a wrongful death. When you meet with us during a free consultation, we will listen to your story, address your concerns, and provide the compassionate representation you deserve. We tailor our strategies to your unique circumstances to better provide you with personalized attention and effective legal solutions.
  • Proven Track Record of Success: Our firm has a history of securing major settlements and jury awards for our clients, including numerous multimillion-dollar recoveries. Our impressive results demonstrate our dedication to achieving favorable outcomes for our clients. Whether through negotiation or litigation, we strive to secure the compensation you deserve.
  • Experience and Professionalism: Our attorneys have deep knowledge of D.C.’s negligence and insurance laws, which is essential for wrongful death claims. We collaborate with a respected network of investigators, accident reconstruction specialists, and medical experts to build strong cases. Our commitment to professionalism and competence can help us handle your case with the highest standards of excellence.
  • No Fee Unless We Win: We believe everyone deserves access to quality legal representation, regardless of their financial situation. That’s why we offer free consultations and work on a contingency fee basis. This means you won’t pay us unless we recover compensation for you. This approach also means that our interests align with yours and that we are fully committed to winning your case.

Contact a Washington, D.C., Wrongful Death Lawyer Now

If you have lost a loved one due to someone else’s wrongdoing, don’t hesitate to get the support you need to demand justice and accountability. Contact Simeone & Miller, LLP now for a free consultation. Our dedicated team will listen to your story, answer your questions, and explain your options for moving forward.

Simeone & Miller, LLP is based in Washington, D.C., and also provides legal services across Maryland and Virginia. In Maryland, our services extend to Baltimore City, Prince George’s County, Montgomery County, Howard County, and Anne Arundel County. In Virginia, we serve clients in Arlington County, Alexandria, Fairfax County, Fairfax City, Falls Church, Loudoun County, Prince William County, Manassas, and Manassas Park.