Wrongful Death Lawyer Washington DC

This page is about wrongful death law in the District of Columbia.  The purpose is to explain how wrongful death lawsuits work in Washington, D.C., and who is eligible for either settlement compensation or a jury payout. We also explain the second and sometimes equally important cause of action in death cases in the District, a survival action. This claim provides a second path of compensation for the victim’s loved ones.

What is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a legal action taken when a person dies due to the negligence or intentional actions of another individual or entity.

It aims to compensate the surviving family members for their losses, including loss of support, services, lost prospect of inheritance, and medical and funeral expenses.

What Is a Survival Action?

Many wrongful death lawyers in the District of Columbia combine survival actions under the umbrella of wrongful death lawsuits.

But a survival action is different from a wrongful death lawsuit. Wrongful death claims compensate, as we discuss just above, the deceased person’s loved ones for their own personal losses.  A survival action is essentially the personal injury claim that the deceased person could have pursued had they lived. It seeks compensation for the pain and suffering that the deceased experienced from the time of injury until their death, as well as any financial losses incurred during that time, such as medical expenses and lost wages.

Survival Actions vs. Wrongful Death Lawsuits: How They Work Together in D.C.

In Washington, D.C., families who have lost a loved one due to negligence are not limited to just one legal remedy. The Survival Act and the Wrongful Death Act are separate but complementary legal tools, and you can pursue claims under both laws simultaneously. The courts have made this clear in decisions like Strother v. District of Columbia, where it was held that these remedies are not mutually exclusive and intended to address different aspects of loss.

Here is how they work:

• The Survival Act allows the estate of a deceased person to recover damages the deceased could have claimed if they had lived. That includes things like pain and suffering before death, lost wages up to the time of death, and medical bills. It is essentially a personal injury claim that survives the person’s death.

• The Wrongful Death Act, on the other hand, is focused on the surviving family. It creates a new cause of action for the deceased’s spouse, children, or next of kin to recover for their own losses, including loss of financial support, companionship, and emotional suffering.

Both of these statutes are grounded in the idea that if someone is wrongfully injured and would have had a claim under common law, that right should not disappear just because the injury was fatal. One claim addresses what the deceased went through, and the other focuses on what the family lost as a result.

By bringing both types of claims, families can pursue full accountability for what happened—covering the suffering endured by the deceased and the impact on those left behind. It is an important distinction, and understanding how these claims work together can make a major difference in securing justice and compensation.

Who Can File a Wrongful Death Lawsuit in Washington D.C.?

Under D.C. Code § 16-2701, a wrongful death action may be brought by the personal representative of the deceased’s estate. This representative could be named in the deceased’s will or appointed by the court if no will exists. In most cases, the representative is a close family member such as a spouse, adult child, or parent.

What Must Be Proven in a Wrongful Death Lawsuit?

Like any personal injury claim, a wrongful death lawsuit in the District of Columbia must establish that:

1. The defendant had a duty of care to the deceased.
2. The defendant breached this duty of care.
3. This breach of duty was a direct and proximate cause of death.
4. The death resulted in damages.

These are the same elements as a negligence claim. The burden of proof, as always, lies with the plaintiff, who must establish these elements by a preponderance of the evidence, meaning it is more likely than not that the defendant was negligent and the negligence caused the death.

Damages in Wrongful Death Lawsuits

When a loved one dies because of someone else’s negligence, no amount of money can truly make up for that loss. But a wrongful death lawsuit gives families a way to pursue justice and financial compensation for what they have lost, both emotionally and economically.

In the District of Columbia,  the law allows families to recover two main types of damages:

1. Economic Damages

These cover the measurable financial losses caused by your loved one’s death. That can include things like:

• Medical bills related to the final injury or illness

• Funeral and burial costs

• The income your loved one would have earned and contributed to the family

• The value of services they would have provided, like child care, household help, or elder care

Under D.C. law, this is known as pecuniary loss, and courts calculate it by estimating how much money your loved one would have contributed to their dependents over their expected work life and then adjusting that number to its present-day value.

2. Non-Economic Damages

These compensate for the pain that is harder to put a price on, like grief, loss of companionship, and the emotional impact on surviving family members. That includes:

• Loss of love and guidance

• Emotional distress and mental anguish

• The absence of care, protection, and companionship

Importantly, D.C. law does not cap these damages. That means there is no set limit on what a jury can award in a wrongful death case. If the evidence supports it, the jury can award as much compensation as they believe is fair.

Statute of Limitations for Wrongful Death Lawsuits

The District of Columbia allows families to seek justice when a loved one dies due to someone else’s negligence or misconduct. This legal right is rooted in the District’s wrongful death statute, outlined in
D.C. Code § 16-2701. It gives families a path to hold the responsible party accountable, whether that party is a person, a company, or even a government entity. Even if the fatal incident could be prosecuted as a felony, the civil right to bring a wrongful death lawsuit remains.

The person who files the lawsuit must be the personal representative of the deceased’s estate. This is usually a close family member appointed by the court or named in a will. But the compensation that results from the case does not go to the estate. It goes to the surviving family members. That includes spouses, domestic partners, children, and others who relied on the person who died for emotional or financial support.

Damages in a wrongful death case reflect the real-world losses the family has suffered. This includes medical bills, funeral expenses, lost financial contributions, and the emotional devastation caused by the death. If the deceased lived for a period of time after the injury, there may also be a separate survival action to recover for their pain and suffering. These two claims—wrongful death and survival—are often filed together.

Under D.C. Code § 16-2703, the compensation awarded in a wrongful death lawsuit is divided among the family members according to the jury’s instructions or the District’s estate laws if no allocation is made. The portion covering final illness and burial expenses is handled separately.

One of the most important things families should know is this: There is no cap on wrongful death damages in the District of Columbia.  This is huge. That means there is no legal limit to the amount of compensation a jury can award for things like emotional pain, loss of companionship, or future income the deceased would have provided. A skilled wrongful death lawyer in Washington, D.C., can help ensure those losses are fully presented to a jury or insurer.

If you are looking for a DC wrongful death attorney or want to understand how the District of Columbia wrongful death statute applies to your situation, it is important to act quickly.  These deadlines to file jump up on you, and wrongful death attorneys need time to get the case together to file.  Again, the law gives families just two years to file a claim, and building a strong case takes time. Our law firm has helped many families through these tragic situations, and we are here to help you understand your rights and options.

Key DC Wrongful Death and Survival Action Cases

While the District of Columbia wrongful death statute has been in place for decades, there are relatively few appellate decisions interpreting its scope. Because the law provides broad but general language, courts in Washington, DC have occasionally been called upon to clarify how these rules apply in specific and complex situations. For families and attorneys pursuing a claim, understanding how D.C. courts have ruled in past cases can make a real difference. Below are some of the most important decisions that help define what is allowed under the DC wrongful death law and the related survival action statute. These cases also offer insight into how courts handle defenses raised by government agencies and healthcare providers.

If you are looking for a wrongful death lawyer in Washington, D.C., or need help interpreting how these rulings might apply to your case, these decisions are a good starting point.

Hoodbhoy v. District of Columbia, 282 A.3d 1092 (D.C. App. 2022): Public duty doctrine barred a widow’s wrongful death and survival action alleging that the District of Columbia caused her husband’s death by negligently failing to comply with conditions of involuntarily committed shooter’s conditional release from the hospital, to warn his neighbors of his propensity for violence, and to ensure that he was not using illegal drugs or obtaining firearms, despite widow’s contentions that greater risk to shooter’s neighbors created a special duty to those neighbors, and that doctrine did not apply when District officials breached mandatory duties, absent showing that District assumed a special duty to husband above and beyond what it owed general public.

Herbert v. District of Columbia, 808 A.2d 776 (D.C. App. 2002): The District of Columbia’s Wrongful Death Act is designed to provide a remedy whereby close relatives of the deceased who might have expected maintenance or assistance from the deceased had he lived, may recover compensation from the wrongdoer commensurate with the loss sustained.

Greater Southeast Community Hospital v. Williams, 482 A.2d 394 (D.C. 1984): The D.C. Court of Appeals addressed whether a viable fetus qualifies as a “person” under the District’s wrongful death and survival statutes. The case arose after a fetus, approximately 33 weeks gestated, was stillborn due to alleged medical negligence. The hospital coldly argued that a fetus was not a “person” entitled to recover under these statutes. The court disagreed, holding that a viable fetus is indeed considered a legal “person” for purposes of both wrongful death and survival claims. It ruled that if a fetus had a viable personal injury claim had it been born alive, then its estate and next of kin can recover under D.C.’s remedial statutes. The court emphasized that both wrongful death and survival statutes are rooted in the common law right to damages for injury, and they must be interpreted liberally to fulfill their purpose—ensuring that death does not erase accountability for negligence. The ruling affirmed that these statutes can apply to the death of a viable fetus caused by tortious conduct.

Huang v. D’Albora, 644 A.2d 1 (D.C. App. 1994): This case is a cautionary example of how important it is to understand the time limits under the DC wrongful death statute. The parents of a young girl who died from untreated pneumonia tried to sue her doctor for medical malpractice. They first filed their claims in Maryland, following that state’s required arbitration process, and then brought both a wrongful death and survival action in Washington DC courts more than four years after the child’s death.  The key issue was whether the time spent in Maryland’s arbitration process extended (or “tolled”) the time allowed to file under DC law. The court said no. The District of Columbia Court of Appeals held that because the family chose to sue in DC, they were bound by DC’s strict filing deadlines—three years for survival actions and just one year for wrongful death claims. The court ruled that Maryland’s arbitration law was procedural and did not change the clock for DC cases.  For families seeking justice in a cross-border case, this decision shows how easily a claim can be dismissed for missing a deadline. If you are considering a lawsuit under the District of Columbia wrongful death statute, or need advice on whether to file in DC or Maryland, a skilled wrongful death attorney in Washington DC can help you protect your rights before time runs out.

Wrongful Death Verdicts & Settlements in DC

Understanding past wrongful death verdicts and settlements in Washington, D.C. can be helpful for families seeking accountability and justice.

These examples provide insight into how juries and defendants have valued different types of wrongful death claims in the District. For victims and their attorneys, this information can serve as a general reference point when evaluating the potential compensation range in a lawsuit.

That said, there are serious limitations in using these outcomes to predict the value of any particular case. Settlement amounts and jury awards vary significantly depending on the facts: the circumstances of the death, the degree of negligence, the identity of the defendant, the decedent’s age and income, and the emotional impact on surviving family members all play a role.

Moreover, wrongful death cases are relatively rare in D.C. compared to larger jurisdictions. The District’s smaller population and tighter judicial docket mean fewer reported outcomes. Additionally, many wrongful death cases in D.C. settle confidentially and never reach trial or public disclosure, making the available data inherently limited.

The take-home message is that these example settlement amounts and jury payouts should be seen as illustrative, not predictive.

 Contact a DC Wrongful Death Lawyer

Contact the DC wrongful death lawyers at Miller & Zois for a free consultation. Call us at 800-553-8082 or contact us online.