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If you’ve lost a family member because of the negligent actions of another party, you need to file a wrongful death claim. Doing so will alleviate a great deal of the burden you currently carry.
At TopDog Law Personal Injury Lawyers, our network of Washington, DC personal injury lawyers is committed to helping families receive justice and compensation for a loved one’s untimely and preventable death.
A wrongful death happens when another party negligently or intentionally behaves in a way that results in another person’s death. A wrongful death claim is similar to a personal injury lawsuit. However, you are requesting damages that are related to the victim’s untimely death rather than their injuries.
Therefore, you can file a wrongful death claim for incidents such as slip-and-falls, accidents involving malfunctioning or defective products, car accidents, and other accidents caused by the oversight of individuals, hospitals, corporations, government entities, or businesses.
To file a wrongful death lawsuit in the nation’s capital, a personal representative must submit the filing on behalf of the deceased.
According to the law in Washington, DC, surviving spouses and children can generally receive damages in these cases. However, other family members may also qualify as next of kin and may seek financial relief.
If you’re an eligible beneficiary, a personal representative for the decedent’s estate has two years to file a wrongful death lawsuit. This period is known as the statute of limitations. If the personal representative does not comply with this time frame, the victim’s family gives up their right to seek compensation for their losses.
Absolutely. Since a wrongful death case falls under civil law, you can file a claim even if proceedings happen simultaneously in a criminal court.
For instance, if someone faces charges related to manslaughter or driving under the influence (DUI), the victim’s family can still initiate a wrongful death lawsuit to recover compensation for their personal losses.
In cases of wrongful death in Washington, DC, family members may receive compensation for expenses and losses, including;
Washington, DC, beneficiaries cannot seek compensation for grief, mental distress, or the loss of love and affection.
No limit exists on how much money courts can award in wrongful death cases. The decision on damages is made by either a jury or judge. In cases with a jury present, the judge may exercise discretion to reduce a verdict if it’s disproportionate to the losses suffered.
The amount of money granted depends on the specific losses the surviving family members have suffered due to the death of their loved one.
If the deceased individual had a will, then the personal representative of their estate will act as a trustee for the family. They are responsible for distributing damages among family members, ensuring that each person gets compensation in proportion to their suffering and loss.
In situations where there is no will and no specific allocation of damages mentioned in the verdict or judgment, the damages will be directly distributed to either the surviving spouse, domestic partner, or next of kin.
Distributing a wrongful death settlement in Washington, D.C., is done as follows:
As you can see, filing a wrongful death claim isn’t cut-and-dried. That’s why you need to receive legal counsel. Claims and how much you receive depend on several factors, including the decedent’s age at the time of death, the degree of wrongdoing of the other party, the dependency of the claimants, the victim’s contributions to the household, and the loss of income resulting from their death.
That’s why you should lean on a legal representative who regularly handles these claims. You must partner with a legal advocate to ensure you receive justice for your loved one and your family. That’s why TopDog Law Personal Injury Lawyers is committed to helping families find local representation to handle their wrongful death claims in Washington, DC, and across the U.S.
You must act fast if you have questions about a wrongful death case. Therefore, now—not later—is the time to contact a lawyer in TopDog Law’s D.C. network. Call us now at (202) 875-6047.
Address: 1150 Connecticut Ave NW suite 802b,
Washington, DC 20036
Phone: (202) 875-6047
