Losing a loved one as the result of someone else’s negligent behavior affects every aspect of your life. In addition to managing your grief, you may struggle with other concerns, particularly financial issues. While a wrongful death lawsuit cannot bring your loved one back, it can help you hold the negligent party accountable and seek the compensation you and your family deserve. The lawyers at Ben Crump Law, PLLC know that you may not have the time or energy to dedicate to pursuing a wrongful death case right now, but we do. Contact us today at (844) 777-4453 to discuss your case with our legal team.
How Wrongful Death Lawsuits Are Determined
According to D.C. Law Library – Chapter 27, wrongful death involves loss of life due to neglect, a willful act, or a death by default caused by reckless behavior. The law can hold both individuals and organizations responsible in wrongful death cases.
Loved ones typically pursue claims to recover financial awards, but courts may also force the defendant to pay punitive damages, which the negligent party must pay in addition to that which the family of the deceased requires as a form of punishment. Our law firm can help you determine if you have a wrongful death case.
Circumstances Involving Wrongful Death
Wrongful death encompasses a wide range of circumstances, including both intentional and accidental instances of death. In all cases, the victim suffered death due to the misconduct of another person. Examples of wrongful death include:
- Vehicular manslaughter
- Occupational death caused by insufficient safety regulations
- Medical malpractice (misdiagnosis, failure to diagnose, provision of unsafe treatments, or lack of adequate care)
- Assault or battery
- Accidental death that takes place while another crime is being committed
- Homicide
- Mesothelioma caused by exposure to asbestos in the workplace
If your loved one died as a result of these or other negligent or intentionally harmful conditions, a Washington DC wrongful death lawyer from our team can help. Contact Ben Crump Law, PLLC today about your wrongful death case.
Statute of Limitations on Wrongful Death Cases
The District of Columbia maintains a statute of limitations of two years on wrongful death cases, so family members and other dependents must file a wrongful death claim within two years of the date of their loved one’s death.
Because they focus on negligence and are filed for compensatory purposes, wrongful death lawsuits take place in civil court. This does not mean, however, that the defendant cannot or will not go to trial in a criminal court. Because civil and criminal proceedings involve separate types of law, they often take place at the same time. Even if the person or organization responsible for your loved one’s death must participate in criminal legal proceedings, you can still pursue a civil wrongful death case against them.
Contact our law firm today to speak with us about your case.
For a free legal consultation with a wrongful death lawyer serving Washington DC, call (844) 777-4453
Wrongful Death Claim Eligibility
Relatives of the deceased may file a wrongful death claim to seek compensation for the financial and emotional disruption caused by their loss. The amount they receive depends on the nature of their relationship to the victim, as outlined in Title 19 of the Code of the District of Columbia.
If the decedent had an estate plan, the judge will award compensation to the estate. If they died without a will, compensation follows a specific allocation schedule. While amounts may vary, if you are a surviving spouse, partner, family member, or dependent who received support from the victim, you may file a wrongful death claim for your loss of financial support.
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Financial Compensation For Wrongful Death
In addition to compensation for medical bills and funeral and burial expenses, Washington, D.C. civil courts award varying types of wrongful death damages contingent upon the particular needs of the loved one and the support they received from the decedent.
Spouse or Domestic Partner
The spouse or domestic partner of the decedent, if applicable, typically receives the most substantial portion of the award, particularly if the deceased had no children or living parents. Spouses and partners may be entitled to payment for lost wages and loss of consortium, an umbrella term that includes loss of companionship, loss of protection, and emotional and mental pain.
Child
If children survive the decedent, they may also receive compensation for the death of their parent, including payment for loss of parental guidance and emotional distress. The court may split the award between children and a surviving spouse or partner.
Parent
A parent or parents may file a wrongful death claim for the pain and suffering associated with the death of their child. If the decedent does not have a surviving spouse or children, parents may receive a higher award amount.
Sibling
Courts consider immediate family before allowing siblings to file such a claim. However, if a spouse or partner, child, or parent does not survive the victim, their sibling or siblings may pursue a wrongful death suit as next of kin.
Other Beneficiary
In some cases, distant and non-relatives may file a wrongful death claim. If the decedent provided you with financial support, you may qualify for compensation.
You do not have to suffer through your financial hardship alone. A Washington DC wrongful death lawyer from our team can help you pursue a wrongful death case and fight for the compensation you need to recover.
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How Ben Crump Law, PLLC Can Help You
While no amount of money can take the place of your loved one, our law firm aims to alleviate some of the financial burden associated with your loss. By providing personalized legal assistance, we may be able to help you achieve accountability and compensation. A Washington DC wrongful death lawyer from our team will look closely at the details of your circumstances and build a strong case on your behalf. Contact Ben Crump Law, PLLC today at (844) 777-4453 to speak with our team and let us seek justice for you.
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