Washington, D.C. Wrongful Death Lawyer

Table of contents

• Why work with our fatal injury lawsuit attorney in DC?
• What are the emotional and financial impacts of wrongful death on surviving family members?
• What qualifies as wrongful death under DC law?
• What are common causes of wrongful death in DC?
• What is the difference between a wrongful death claim and survival action in DC?
• How are wrongful death damages distributed?
• What evidence is needed in DC wrongful death cases?
• What is the statute of limitations on wrongful death in Washington, D.C.?
• How does trial litigation in catastrophic fatal injury cases work?
• Washington, D.C. wrongful death lawyer FAQs
• How to find a wrongful death lawyer near me
• Our wrongful death lawyer in Washington, D.C., can help your family

Why work with our fatal injury lawsuit attorney in DC?

After losing someone you love, you need an attorney who will provide the compassion and legal guidance your family needs. Our legal team has over 40 years of experience with wrongful death claims and will put that experience to work for you.

In the case of Blondell v. Sutton, we helped a widow and her young children receive an $8 million verdict after her husband died due to an anesthesiologist error during a routine procedure. We were also part of the Hudson v. Crisler case, which focused on a wrongful death that occurred after bypass surgery. Please note that past results and client experiences do not guarantee a similar outcome.

It is our experience that has helped us gain recognition as one of the Best Law Firms in 2024 and be named in the The National Trial Lawyers Top 100. A previous client has left a Google review stating that they would not hesitate to recommend our firm to other families in the future, while another said it was our responsiveness, accessibility, and prompt communication that they appreciated the most.

What are the emotional and financial impacts of wrongful death on surviving family members?

The emotional impact of a tragic loss is typically the first a family feels. Surviving relatives often fall into depression or a period of anxiousness. For those who were witness to the death, such as in the case of fatal car accidents, post-traumatic stress disorder (PTSD) is not uncommon. The loss of a loved one can also complicate household structures, which can fracture other familial relationships. When it is clear that someone else was responsible for the death, anger and frustration are also very commonly felt.

As time goes on, family members may also start to feel the financial impacts of the death. Immediate expenses may arise from the cost of the funeral and burial services, while the loss of the deceased’s income and employment benefits can create issues for loved ones who were dependent on them. In certain instances, survivors may also incur the expense of services their family member provided, such as childcare or home maintenance.

What qualifies as wrongful death under DC law?

The law in Washington, D.C. defines wrongful death as one caused by neglect, a wrongful act, or default. The term ‘default’ refers to a breach of legal duty, such as a violation of safety standards. In order to determine if your family can pursue a wrongful death claim, it is helpful to consider whether your loved one could have filed a personal injury lawsuit had they survived the fatal accident. Our wrongful death attorney in DC can review the facts of your case and determine if negligence occurred.

What are common causes of wrongful death in DC?

A wrongful death claim in Washington, D.C., can arise from traffic collisions, medical malpractice, nursing home abuse, and more. The most common types of fatal accidents are as follows:

• Auto accidents: Car crashes are a leading cause of wrongful deaths. The majority of fatal auto accidents occur in neighborhoods on the eastern side of the city, particularly in Wards 5, 7, and 8. Ward 2 downtown also has a very high rate of fatal crashes.
• Medical malpractice: Accidents in major DC hospitals such as George Washington University Hospital or MedStar Washington Hospital Center can lead to wrongful death claims. Misdiagnosis, surgical errors, and medication errors are some of the most common causes of fatalities caused by medical malpractice. These cases are particularly complex. Our medical malpractice wrongful death lawyer in DC can help you overcome the challenges they present.
• Defective products: Dangerous drugs and defective consumer goods can cause a fatal accident. Manufacturers, sellers, and distributors can be held liable in these cases.
• Premises liability accidents: When dangerous conditions, such as an improperly maintained elevator, exist on someone else’s property, it can result in wrongful death.
• Nursing home abuse: When a nursing home resident is the victim of intentional abuse, neglect, or medical malpractice, it can be fatal. Some common causes of wrongful death in nursing homes are severe bedsores, malnutrition, medication errors, and untreated infections.

It is not always easy for family members to determine if negligence caused the loss of a loved one. Our fatal accident lawyer in Washington, D.C., can conduct an investigation to determine the cause of death.

What is the difference between a wrongful death claim and survival action in DC?

In the District of Columbia, a wrongful death claim provides surviving family members with compensation for any personal and financial losses they suffered as a result of the fatality. Through a successful wrongful death claim, close loved ones can obtain damages such as loss of financial support, funeral and burial expenses, and the value of services, care, guidance, or support the deceased would have provided (D.C. Code § 16-2701).

A survival action, on the other hand, is meant to compensate the estate of the deceased for the losses they endured prior to their death. For example, someone may be involved in a very serious car accident. They may receive treatment in the hospital for one week before they succumb to their injuries. Through a survival action, the estate can pursue damages for medical bills, pain and suffering, and any other loss sustained by the deceased.

Both wrongful death claims and survival actions are filed by the personal representative of the estate (D.C. Code § 16-2702; D.C. Code § 12-101). Although a survival claim is not always filed alongside a wrongful death claim, our wrongful death lawsuit attorney in Georgetown can help with both.

How are wrongful death damages distributed?

While the personal representative of the estate must file a wrongful death lawsuit, the damages are distributed among close family members. Any damages awarded will be dispersed according to the statutory beneficiaries. Distribution depends on the relationship to the deceased and the allocation made by the verdict or judgment, or, if there is no allocation, DC’s statute of distribution.

Our wrongful death compensation lawyer can help your family obtain full damages and ensure they are distributed accordingly.

What evidence is needed in DC wrongful death cases?

There are a number of different types of evidence needed when filing a wrongful death lawsuit. These include:

• Medical records and autopsy reports
• Expert testimony
• Accident or incident reports
• Visual evidence, such as photographs and dashcam footage
• Digital records such as cell phone logs to prove a driver was distracted
• Eyewitness testimony
• Financial records such as pay stubs and tax returns
• Bills and receipts for funeral and burial expenses and other losses

What is the statute of limitations on wrongful death in Washington, D.C.?

The statute of limitations, or time limit, for filing a wrongful death lawsuit in the District of Columbia is typically two years from the date of death (D.C. Code § 16-2702). If the death resulted from medical malpractice, the 90-day notice requirement also applies (D.C. Code § 16-2802). Civil lawsuits under DC law are commonly filed in the Civil Division of the D.C. Superior Court, located in the H. Carl Moultrie I Courthouse at 500 Indiana Avenue NW. If you fail to file your claim within this time period, your family will typically forfeit the right to recover any compensation at all. Our fatal negligence attorney in Washington, D.C., can ensure your claim is filed on time.

How does trial litigation in catastrophic fatal injury cases work?

There are multiple steps involved in trial litigation. These include:

• The investigation: Before filing a lawsuit, your attorney will conduct an investigation to determine how the fatal accident occurred. During the investigation, your lawyer will determine who is liable for the death and collect important evidence that proves your case.
• The complaint: The lawsuit process officially begins when your lawyer files the formal complaint with the court. This document outlines the facts surrounding the accident, including the specific negligent act, and the amount of damages you are pursuing.
• Discovery: The discovery stage is the longest part of most trials. During this phase, each side exchanges information with the other and presents the evidence they intend to use during litigation. Discovery is meant to ensure that both parties are on equal footing before the trial begins.
• Pretrial motions: Either side can file pretrial motions with the court before the trial actually begins. For example, the defense may file a Motion to Dismiss if they do not believe you have sufficient evidence, or your lawyer may file a Motion for Summary Judgment if they believe your case has so much merit, a trial is not necessary. These are only two types of pretrial motions that may be filed.
• The trial: During the actual trial, both sides present opening arguments. Witnesses are then called to provide important information to the court and they are questioned and cross-examined. Once all witnesses have been called and all evidence has been presented, each side will make closing arguments before a judge or jury makes the final decision.

Our wrongful death trial lawyer in DC has the necessary experience to take your case to litigation and ensure your rights are protected.

Washington, D.C. wrongful death lawyer FAQs

How is fault proven in wrongful death cases?

To prove wrongful death, you must show that the defendant owed your loved one a duty of care, that they breached that duty by acting negligently, and that the careless act resulted in your family member’s death. You must also prove the total amount of damages you are pursuing.

How much are wrongful death cases worth?

No one can determine exactly how much your wrongful death case is worth without fully reviewing the specific facts. Exact payouts are heavily dependent on the specific circumstances such as the nature of the fatal accident and the approximate age and income of the deceased.

What happens if the deceased shared fault?

Washington, D.C. follows the strict pure contributory negligence rule. While there are exceptions, this law states that if an accident victim is even one percent at fault for the incident that resulted in injury or death, they and their loved ones are barred from receiving any compensation at all.

Do wrongful death cases go to trial?

Although it is relatively rare, wrongful death cases can go to trial. Due to the possibility of litigation, it is critical to work with an experienced trial attorney.

How to find a wrongful death lawyer near me

At Nace Law Group, our wrongful death lawyer continues to serve clients in Washington, D.C., including Georgetown.

Our wrongful death lawyer in Washington, D.C., can help your family

At Nace Law Group, our Washington, D.C. wrongful death lawyer is committed to helping families move forward after losing a loved one and we will work tirelessly for your family, too. Call us today or fill out our online form to schedule a consultation and to get the legal advice you need.