A wrongful death claim is similar in many ways to a personal injury claim, but there are some important things that you should know before filing a claim on behalf of your loved one. A Washington, D.C. wrongful death lawyer can tell you more about how these cases work and what kinds of requirements must be met if you want to pursue damages after a loved one’s passing.
When Can a Wrongful Death Claim Be Filed?
A wrongful death claim can be filed in many of the same situations where you would file a personal injury claim. If you believe that someone else’s negligence caused your loved one harm, you should make a claim. People often make claims like this after a car accident or if they suspect nursing home abuse.
The primary difference here is that you are filing a claim on someone else’s behalf instead of your own. The damages you can receive after a successful claim would also be calculated in a slightly different way compared to a settlement for a personal injury claim because the passing of a loved one is going to have different kinds of effects on your life.
Who Can File a Wrongful Death Claim?
There are specific rules about who can file a wrongful death claim on someone else’s behalf. This power is usually reserved for the executor of the deceased’s will in Washington, D.C. The executor is the representative of the estate after all, so they are able to make the claim while wrapping up the other affairs of the deceased, like paying taxes and distributing assets to beneficiaries.
The rules about this are the same in Virginia. Maryland allows a surviving spouse, parent, or child to make a wrongful death claim. Only one such claim can be made though, no matter how many surviving family members there are.
What Kinds of Damages Can Be Won?
Compensation offered after a wrongful death claim shouldn’t just make up for the economic costs of losing your loved one. A fair offer should also be calculated with the pain and suffering your family has experienced as a result of their passing in mind. We can help you fight for damages that address:
- Medical expenses for your loved one
- Loss of your loved one’s economic contributions to the household
- Loss of companionship or guidance
- The value of services your loved one provided to the family
- Funeral and burial expenses
- Pain suffered by the loved ones and family members of the deceased
Do I Need a Lawyer?
You are not required to hire a lawyer when pursuing a wrongful death claim, but one can do a lot to help with your case. Someone from our firm can:
- Help you gather evidence
- Calculate fair compensation
- Answer your questions about the legal process
- Negotiate with insurers on your behalf
- File your case before the statute of limitations expires
Meet With Our Legal Team
If you believe that someone’s negligence caused the death of your loved one, contact Trombly & Singer, PLLC. We can hear you out and help you build a compelling case for compensation.