We know how difficult it is to find the energy and emotional bandwidth to hold someone else responsible for a loved one’s tragic death. That’s why we want to stand with you throughout your recovery. With nearly three decades of experience, we can tackle the legal elements of your recovery while you take time to grieve.
Filing a wrongful death claim in a loved one’s name allows you and your family to recover damages based on that loved one’s medical expenses, mortuary care, funeral expenses, and lost income, among other losses. Kitchel Law understands that no amount of money can replace a person’s place in your life.
Even so, you deserve to hold negligent parties responsible for your devastating losses. A financial recovery shows that your loved one and what happened to them matter.
Our Washington DC personal injury lawyers can advocate for your right to a settlement that allows you to focus on your loved ones without worrying about your bills.
Who Can File a Wrongful Death Claim in Washington DC?
Washington DC’s civil courts only allow the deceased’s personal executor to take legal action on their behalf after their death. A person usually names their personal executor in their will and gives them the authority to oversee the distribution of their assets after their passing.
People may name anyone their personal executor. Most often, this person is a family member, a trusted professional, or a partner. However, if your loved one didn’t name a personal executor prior to their passing, it falls to the state—or, in this case, Washington DC and its applicable representatives—to name one on the deceased’s behalf.
When to Contact a Washington DC Wrongful Death Lawyer
If you’re not sure who your loved one named as their personal executor, and you want to learn more about your right to pursue damages in their name, you can schedule a free wrongful death case evaluation with our staff today. We can look through your loved one’s legal documents and outline how you can get justice in their name.
If you do have the right to pursue a wrongful death claim on behalf of a deceased loved one, our representation can help keep insurance claims adjusters off your back as you compile your necessary paperwork. Our Washington DC wrongful death lawyers can also represent you throughout conversations with liable parties, as applicable.
Should You File a Wrongful Death Lawsuit?
Even if you have the right to pursue a wrongful death lawsuit, should you? We recommend discussing the option with an experienced wrongful death lawyer.
Lawsuits don’t obligate you to undergo a trial, but the legal process can still seem intimidating from the outside looking in. You may alternatively benefit from pursuing an insurance claim.
Our personal representatives will never pressure you to pursue one path toward fair compensation over another. Instead, we’re here to make sure you understand how the legal process can work for you.
Your free case consultation gives you the chance to discuss your right to wrongful death action, what you want that action to look like, and what role we can play in your recovery.
We’re Here for You
At the end of the day, our personal representatives want to make it as easy as possible for you to hold responsible parties accountable for the grief your family is enduring.
You can count on us to stand with you, no matter how you choose to address the financial burden of a loved one’s death.
How to File a Wrongful Death Claim in Washington DC
If you’re a loved one’s personal executor, and you decide to file a wrongful death claim against a liable party, you need to specifically prove that:
- An at-fault party owed your loved one a duty of care at the time of their accident
- The at-fault party engaged in negligent actions, resulting in the accident in question
- That negligence played a direct role in your loved one’s unanticipated death
- You and your remaining family have suffered economic and emotional losses as a result of that loved one’s passing
Unfortunately, there are dozens of types of accidents that can lead to a loved one’s wrongful death. Pedestrian accidents, motor vehicle accidents, premises liability accidents, construction accidents, truck accidents, and even slips and falls can all leave you struggling with the grief of a loved one’s death.
Fortunately, you’re not alone in the wake of that tragic loss. No matter what circumstances led to your loved one’s passing, our attorneys can identify the party accountable for your family’s grief and name them responsible for your financial recovery. Our support during these difficult times can preserve your right to demand the monetary compensation your family deserves.
Using Evidence to Build Your Case
You have an obligation to meet Washington DC’s burden of proof if you want to name a specific party responsible for your loved one’s passing. The evidence you use to make your case can take on a variety of forms depending on the type of accident that led to your loved one’s tragic death.
The evidence that might make an appearance in your case can include the following:
- Video footage of a loved one’s accident
- Photos from before and after the accident
- Statements from witnesses
- Electronic data, as relevant
- Environmental damage
- Physical debris
- Police reports
- Medical reports
- Coroner reports
- Additional expert witness statements
Notably, you don’t have to be the person who collects this evidence. If you work with an experienced wrongful death lawyer, you can rely on your representative and their professional connections to investigate a loved one’s death on your behalf.
Will Criminal and Civil Investigations Overlap After a Loved One’s Death?
Generally, criminal and civil cases exist as separate entities. However, if Washington DC authorities take legal action against the person responsible for your loved one’s death, it’s worth it to stay on top of that case’s developments.
If the District of Columbia’s criminal courts convict a liable party of a felony or misdemeanor crime, you can submit that conviction as evidence of negligence alongside findings from your civil investigation. In other words, a criminal conviction can make it easier for you to argue that you deserve compensation for the losses you’ve endured since a loved one’s death.
Our personal injury attorneys can keep up with new developments in relevant criminal cases while bringing your civil case together.
Calculating the Value of Your Possible Settlement
Our Washington DC wrongful death attorneys believe that you have the right to ask for loss-based compensation that accounts for all of the expenses you’ve endured as a result of your loved one’s untimely passing. These can include the following:
- Pain and suffering
- Loss of consortium
- Loss of companionship
- Emotional distress
- Reduced quality of life
- Emergency medical expenses
- Medical bills and hospice care expenses, as applicable
- Loss of income
- Mortuary care and funeral expenses
- Property damage
- Lost wages, lost income, and lost benefits, as applicable
- Burial costs and additional funeral expenses
If you want to include any of these losses in your claim for support, make sure you have evidence tying them back to your loved one’s fatal accident. Our team can help you elaborate on these connections while arguing for your right to maximum compensation.
Can You Receive Punitive Damages After a Loved One’s Death?
You’re going through an unquestionably challenging time while simultaneously dealing with long-lasting financial damages. Is it possible to ask a liable party to offer you compensation beyond your economic and non-economic damages? The answer is a complicated one.
If you take your loved one’s wrongful death case to civil trial, a judge may award you and your family punitive damages based on the liable party’s track record for violence and/or gross negligence. However, you may not ask for punitive damages when first filing your claim.
You can discuss what role, if any, punitive damages may play in your recovery during your initial consultation with our legal team.
Filing Before Your Statute of Limitations Expires
The District of Columbia requires you to file a loved one’s wrongful death claim within its statute of limitations if you want to preserve your right to legal action. According to D.C. Code § 16-2702, you usually have two years from the day a person passes to finalize and submit your paperwork for consideration.
That said, the statute of limitations that applies to wrongful death cases and the one that applies to survival actions assign different time limits to your recovery. Anyone interested in pursuing survival actions has three years from the day the deceased was injured to finalize their claim paperwork.
You can discuss the difference between these two processes and how they might impact your financial recovery during a free case consultation with an experienced wrongful death attorney in Washington DC
Why Should You Work With Kitchel Law to File Your Wrongful Death Lawsuit?
It’s not easy to face the person responsible for your loved one’s untimely death, let alone attend settlement negotiations with them. Our team wants you to have the chance to ask for the types of damages you deserve in the wake of a liable party’s breached duty of care.
That’s why we recommend that you work with an experienced attorney not only to stay on top of your filing deadline but also to manage the challenges of the legal process.
Our team specializes in providing our clients with the space they need to address the trauma of their losses. At the same time, we can provide you with the legal representation you need to come to settlement agreements and secure the financial relief your family needs.
We Work on Contingency
What’s more, Kitchel Law works on contingency. You don’t have to pay to schedule your initial consultation with our attorneys, and we don’t send you any bills while your case is in progress. In fact, we only get paid if we win your case.
In other words, when you work with Kitchel Law, there aren’t any deposits or retainers standing between you and the justice you deserve.
Book a Free Case Consultation With Kitchel Law
You are not alone in the wake of a loved one’s untimely death. You have every right to reach out to Kitchel Law for legal guidance. Our team has gone through what you’re going through.
We know how difficult it is to keep putting one foot in front of the other. That’s why we want to be part of your recovery community: so you can get justice without sacrificing your right to grieve.
You can book a free wrongful death case consultation with our legal team today. Committing to a consultation doesn’t lock you into long-term action. Rather, it simply gives you the chance to learn more about our services.
Our wrongful death attorneys in Washington DC can also discuss how you’d prefer to approach your fight to recover.