In the tragic event of the untimely death of a loved one in Washington, D.C., family members may be able to hold wrongful parties responsible through the filing of a wrongful death claim. Family members may be able to receive monetary compensation through a successful claim. Under the D.C. Code § 16-2701, a wrongful death is a death caused by the “wrongful act, neglect, or default of a person or corporation” that would have allowed the person to recover if death did not ensure.
The Wrongful Death Act is intended to provide a means for close relatives of the deceased to recover compensation from the wrongful actor because the relatives would have expected assistance from the deceased if he had survived. Beneficiaries can recover for losses due to the financial support the deceased would have likely provided if he had survived and for losses for the value of lost services such as education and advice support the deceased would have likely provided to the family members. Damages include reasonable expenses for the deceased’s “last illness” and the burial.
Who Can Bring a Washington D.C. Wrongful Death Lawsuit?
A wrongful death claim in Washington, D.C. must be filed by the estate’s personal representative on behalf of the deceased’s spouse or domestic partner. If no spouse or domestic partner exists, the next of kin can file suit, including children, parents, or siblings. A wrongful death claim is not derived from the deceased’s estate, but rather focuses on the losses suffered by family members. For that reason, a jury can allocate damages unequally among the beneficiaries in the suit. Damages are determined according to the unique damages suffered by the next of kin. Under Washington, D.C. law, a claim under D.C.’s Survival Act is a separate claim. A claim under the Survival Act allows recovery arising from personal injury to the decedent and which can be filed by the decedent’s representative. Generally, a wrongful death claim must be filed within two years of the death of the deceased.
Skateboarder Dies After Being Hit By Car Outside of Washington, D.C.
A 15-year-old recently died in a tragic accident outside of Washington, D.C. after the boy was hit while riding his skateboard in Rockville, Maryland. According to one news source, the boy was skateboarding while crossing a road when he was hit by a driver. Medics responded to the scene, and the teenager was rushed to a hospital afterward, but he died two weeks later. An investigation into the crash continues.
Contact a Washington, D.C. Wrongful Death Lawyer
If your loved one has been killed in a tragic accident, you may be entitled to monetary compensation. A Washington, D.C. wrongful death claim may allow you to recover compensation while also holding at-fault parties accountable. The Washington, D.C. wrongful death lawyers at Lebowitz & Mzhen have been providing aggressive representation for over 20 years in Maryland, Virginia, and the D.C. area. They know how to build a successful wrongful death case and to aggressively pursue the compensation their clients deserve. For a free consultation, contact them today by calling 1-800-654-1949 or by filling out their online contact form.