Can I file a wrongful death claim?

If individuals are injured in a workplace accident, they may be entitled to workers’ compensation. In Washington, D.C., workers’ compensation is in place to protect employees and their employers. When employees are injured, they can collect compensation through the implementation of workers’ compensation. By collecting workers’ compensation, employees are not allowed to sue their employer. Through this process, it also protects the employer in these situations. However, when a third party is involved in the accident, other means can be sought. The employee has the right to file a lawsuit against the third party in these situations.

Workers’ compensation can provide monetary compensation for individuals that are no longer able to go to work. This compensation has the ability to cover lost wages, medical bills resulting from the accident and future lost wages.

Who files a wrongful death claim?

When an individual has been involved in an accident that has resulted in a wrongful death, their family has rights. If your loved one has died due to another party’s negligence, you could be entitled to compensation for your losses.

For incidents of wrongful death, the personal representative of the estate must file a wrongful death claim on behalf of the surviving spouse or domestic partner. If there is no surviving spouse or domestic partner, then the next in line would be children, parents or siblings. They are then able to file a suit.

What can I gain from this claim?

Wrongful death claims can allow you to recover money for a variety of expenses. This can include medical expenses prior to death, pain and suffering of the deceased, lost wages for your loved one’s future economic earnings, mental anxiety and emotional distress suffered by family members, the value of the services for your loved one, the loss of guidance and counsel a parent would have provided to a child and the loss of support and companionship of a spouse, a parent or a child.

If the deceased party had a will, damages will go to the estate and allocated in proportion to the loss each loved one suffered. Without a legal will, the district will follow a set formula to allocate the damages. For these cases, it can be beneficial to gain the help of an attorney. They can present you with options and guide you through the process.

The experienced personal injury and medical malpractice attorneys at Trombly & Singer, PLLC are prepared to represent clients facing legal matters after being injured due to another person’s negligence. If you require strong legal representation in Washington D.C. or Maryland, contact our firm today to schedule a consultation.