Washington, D.C. Wrongful Death FAQ

A wrongful death claim is a civil lawsuit brought when a person’s death is caused by the wrongful act, neglect, or default of another person or entity.

The purpose of a wrongful death claim is to compensate surviving family members for the losses they suffer because of their loved one’s death.

Under District of Columbia law, a wrongful death action is generally brought by the personal representative of the deceased person’s estate on behalf of the surviving spouse and next of kin.

The recovery is distributed to eligible family members according to their losses and the applicable law.

Because the procedural requirements can be complex, it is important to consult an attorney promptly.

Many families do not realize that there are often two separate claims following a death caused by negligence.

Wrongful Death Claim
A wrongful death claim compensates surviving family members for the losses they personally suffer because of the death.

Survival Action
A survival action belongs to the deceased person’s estate and seeks damages the deceased could have recovered had he or she survived.

In many cases, both claims are pursued together.

Depending on the circumstances, damages may include:

– Loss of financial support
– Loss of household services
– Loss of care and assistance
– Loss of guidance and advice
– Loss of companionship
– Funeral expenses
– Medical expenses related to the final injury or illness

The law recognizes that family members suffer significant losses when a loved one is wrongfully taken from them.

Yes.
A surviving spouse may seek compensation for the loss of:

– Companionship
– Care
– Protection
– Household services
– Financial support
– Consortium and marital relationship

Every marriage is unique, and the law recognizes the profound impact of losing a spouse.

Yes.

Children may seek compensation for the loss of:

– Guidance
– Advice
– Care
– Emotional support
– Training and education
– Parental companionship

These losses may be significant regardless of whether the children are minors or adults.

In appropriate circumstances, yes.

The law recognizes the value of the parent-child relationship and the devastating impact caused by the loss of a son or daughter.

A survival action may permit recovery for damages suffered by the deceased before death, including:

– Conscious pain and suffering
– Medical expenses
– Lost earnings before death
– Other losses incurred between the injury and death

Evidence that the deceased experienced pain, fear, or awareness before death can be important in establishing damages.

Unlike many states, the District of Columbia generally does not impose a statutory cap on non-economic damages in ordinary negligence and wrongful death cases.

The value of a claim depends on the specific facts and losses involved.

Generally, wrongful death actions in the District of Columbia must be filed within two years of the date of death.

However, exceptions and special circumstances may affect the applicable deadline.

Because deadlines are strictly enforced, families should consult an attorney as soon as possible.

Our firm handles wrongful death cases arising from:

– Medical malpractice
– Hospital negligence
– Delayed diagnosis of cancer
– Failure to diagnose stroke
– Failure to diagnose heart attack
– Surgical errors
– Dangerous products
– Motor vehicle collisions
– Commercial truck accidents
– Construction accidents
– Nursing home negligence

Yes.

Medical malpractice is one of the leading causes of wrongful death claims.

Examples include:

– Failure to diagnose cancer
– Delayed diagnosis of stroke
– Missed heart attacks
– Surgical negligence
– Medication errors
– Failure to recognize sepsis
– Hospital negligence

These cases typically require expert medical testimony regarding the applicable standard of care.

A wrongful death case is entirely separate from a criminal proceeding.

A family may pursue a wrongful death claim even if:

– No criminal charges were filed;
– The defendant was acquitted; or
– No criminal investigation occurred.

The burden of proof in a civil case is different from that in a criminal case.

To establish liability, it is generally necessary to prove:

1. The defendant owed a duty of care;
2. The defendant breached that duty;
3. The breach caused the death; and
4. The surviving family members suffered damages.

Expert witnesses are often used to establish liability, causation, and damages.

Every case is different.

Factors affecting value may include:

– The age and health of the deceased
– The nature of the negligence
– Financial losses suffered by family members
– The quality of the family relationship
– The pain and suffering experienced before death
– The strength of the evidence

No attorney can accurately determine value without first conducting a thorough investigation.

You should:

1. Preserve all records and documents.
2. Obtain copies of medical records, if applicable.
3. Avoid discussing the case with insurance representatives before obtaining legal advice.
4. Consult an experienced wrongful death attorney as soon as possible.

Early investigation is often critical to preserving evidence and protecting your rights.

At Shadoan, Michael & Wells, LLP, we represent families throughout Washington, D.C. and the surrounding region in complex wrongful death cases involving:

– Medical malpractice
– Catastrophic personal injury
– Hospital negligence
– Dangerous products
– Motor vehicle collisions
– Commercial trucking accidents

We work with leading experts across the country to investigate preventable deaths, hold wrongdoers accountable, and pursue justice for surviving family members.