Overview: Wrongful Death and Survivorship
When someone you love has been killed by someone else’s conduct, you want to hire lawyers with the skill, the passion, and the experience to help you obtain compensation through a settlement or trial. Clinton & Peed is a DC-based law firm with a team of wrongful death lawyers who have the ability to litigate this type of case anywhere in the country (partnering with local counsel, if necessary), and who will fight tirelessly to protect your rights through care, compassion, and hard work. The information below is intended as a general overview, and should not be construed as legal advice.
WHAT ARE THE MOST COMMON KINDS OF WRONGFUL DEATH OR SURVIVORSHIP CASES?
The most common kinds of incidents that result in a death, and for which the survivors may often be able to obtain compensation, are:
Fatal automobile accidents;
Medical negligence resulting in death;
Fatal workplace injuries;
Defective products;
Semi-truck or commercial truck accidents;
Pedestrian accidents; and
Aviation accidents.
This list, however, is not exclusive. We have successfully litigated death-related cases in completely novel contexts as well, such as a claim against the U.S. Department of Defense for failing to prevent the murder of a soldier and his girlfriend by fellow soldiers operating a domestic terror cell of a U.S. Army base, or a claim against a restaurant for over-serving alcohol to a known alcoholic, resulting in his several-month hospitalization and eventual death.
If you recently lost a loved one and believe that someone else was at fault, contact us right away for a free consultation.
WHAT IS THE MAIN CLAIM TO BRING WHEN A LOVED ONE HAS PASSED?
In general, when most people talk about a “wrongful death” claim, they often mean a different kind of claim: a “survival action.” In the District of Columbia (and many other states), a survival action is when the legal representative of a deceased individual brings a claim on behalf of the deceased person’s estate, and asserts a claim that the deceased person could have brought himself in his own name, if he or she had survived. In this kind of claim, the plaintiff (the estate) may recover damages that include, for example, any conscious pain and suffering the deceased party suffered between the time of injury and the time of death, as well as any financial loss suffered by the deceased as a result of those injuries (including the amount of money the deceased person would have accumulated over the course of his or her lifetime). In general, a survivor lawsuit is the main kind of claim you will want to bring when a loved one has passed away due to someone else’s misconduct.
WHAT IS A WRONGFUL DEATH ACTION, AND HOW IS IT DIFFERENT?
In the District of Columbia, the wrongful death act allows a surviving spouse or next of kin to bring a claim for the injuries that spouse or next of kin suffered as a result of their loved one’s death. This is different from a survivor action, where the estate can sue for the harm the deceased loved one suffered. Other states have similar laws. Unfortunately, the types of damages that may be recovered for such a claim are much narrower in a wrongful death claim.
For example, they do not include sorrow, mental distress or grief, or loss of love and affection. They can, however, recover the financial support the decedent was expected to provide, as well as any gifts or other contributions the decedent could be expected to have provided over the course of their lifetime, and even (in the case of deceased parents), the loss of care, education, training, guidance, and parental advice that the deceased parent would have been expected to give to the next of kin beneficiaries.
WHAT SHOULD YOU DO IF YOU LOST A LOVED ONE DUE TO SOMEONE ELSE’S NEGLIGENCE?
We understand that dealing with the trauma of physical injury or the loss of a loved one can be overwhelming, and the most important thing is to attend to your physical, emotional, and financial well-being above all else. But it can also be important to consult with a lawyer as soon as possible, to make sure you are gathering important documents and photographs, identifying key witnesses, and otherwise putting yourself in the best position to obtain fair compensation for the injuries you have suffered.
If this is something you are going through, contact us as soon as possible to set up your free initial consultation.