A claim on behalf of a minor is generally brought by their parent because minor does not have the capacity. The court has to approve any settlement that was raised or any distribution of funds for cases involving a minor, it is a little bit modified from someone who has reached an age of majority.
The DC injury attorneys at our firm are experienced in this role. They will help you understand how the liability laws in Washington, DC apply to your wrongful death case and help you feel comfortable as you embark on what can be a complicated legal process. Our DC wrongful death lawyers have witnessed an array of troubling stories, and they take pride in helping those in need. If you’re considering seeking justice in the form of a wrongful death claim, let us fight for you and your loved ones.
Wrongful death litigation may be applicable any time a person’s death is caused by another’s negligence or inaction. Obviously, when it comes to personal injury litigation, it doesn’t get any more serious than wrongful death. And while one might wish that such events never happen, wrongful deaths do occur, and in such instances, a DC wrongful death lawyer can be invaluable. Due to the fact that the main point of contact for an attorney is deceased for these types of cases, a wrongful death lawyer will conduct thorough investigations to build a case.
Wrongful death can happen as a result of all sorts of so-called accidents—including slip and falls, public transportation incidents and motorcycle accidents. If a deadly incident is caused by a person’s or business’s negligent behavior in the District of Columbia, that person or entity may be held financially liable for the wrongful loss of life and for the damages suffered by grieving family members.
Rarely are two wrongful death cases exactly alike. And certainly, a good wrongful death lawyer in Washington, DC is going to treat you and your case with his utmost devotion, he will understand its unique parameters, and will know how best to seek justice. But some incidents are more common than others, and certain types of wrongful death incidents can be grouped together. The following list offers a glimpse of what some of the more common wrongful death situations are:
The laws that stipulate what types of claims can be brought in the wake a wrongful death accident, and what types of damages can be claimed, are complicated. An experienced DC wrongful death lawyer is best-suited to guiding a client through the process of filing a wrongful death suit and securing the surviving family a recovery settlement to help compensate for their loss. The family, spouse, or loved one of a person who died as the result of a preventable accident may file two different types of legal actions, a “wrongful death” suit and a “survivor action.” In most cases the deceased patient’s family files both actions as one lawsuit. There are differences in the types of damages that are available in each action. The estate of a deceased patient is entitled to recover damages for the pre-death pain and suffering of the patient as well as the medical bills and other associated costs.
As part of a medical malpractice wrongful death claim the family of the deceased patient would have to prove a number of points including, but not limited to:
In a wrongful death action, the survivors do not sue for harm to the patient, but for the damage the survivors suffered because of the patient’s death. Damages claimed as part of a wrongful death suit may include:
Survival actions are also wrongful death which means there is the claim for pecuniary loss and loss of services that the child provided to their parent, usually not a loss of income claim. The funeral expenses as well as to the non-existent conscious pain and suffering claim and for medical bills.
The Loss of Chance Doctrine is another complex legal question that must be considered in wrongful death cases. One of the tenets of any form of a viable personal injury claim is that a connection must be drawn between the victim’s injuries (in this case death) and the alleged negligence or malpractice. In the case of medical malpractice, a patient is only able to sue a physician if the physician made an error that directly harmed the patient. At present, roughly two dozen states and the District of Columbia recognize the Loss of Chance Doctrine. For more information regarding this doctrine, speak to a DC wrongful death lawyer.
If a loved one has died due to negligence or malpractice on the part of another person, institution, organization, or business, you are entitled to file for compensation under wrongful death statutes and survivor action laws. The experienced and trustworthy attorneys at our firm are knowledgeable about all of the laws governing wrongful death suits in Washington, DC.
They understand your grief and they understand the importance of seeking justice on the part of your loved one, to ensure that no other members of the community suffer the same devastating and profound grief and loss. Contact our DC law firm today for a no-cost case consultation to discuss the details of your case with a DC wrongful death lawyer and to learn your best options for seeking justice.
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