What is a Wrongful Death Case?

Washington, D.C., Maryland, & Virginia

The term wrongful death is used to describe a situation where someone has died because of the negligence or misconduct of another and that the surviving dependents or beneficiaries are entitled to monetary damages for their loss.

A wrongful death claim consists of four elements:

1. The death was caused in whole or part by the negligent or intentional conduct of the defendant;
2. the defendant was negligent or strictly liable for the victim’s death;
3. the victim is survived by a spouse, children, beneficiaries, or dependents; and
4. the survivors have suffered financial loss and emotional injuries as a result of the victim’s death.

Some of the most common causes of wrongful death claims are:

• Medical malpractice
• Auto / truck accidents
• Negligence
• Personal injury accidents
• Defective products

A loved one’s death causes great emotional distress. If your loved one’s death was the fault of another, you may feel the need to seek justice. Regardless of whether the wrongdoer ’pays a price’ for your loss, you have suffered a loss and deserve to be compensated. Damages in wrongful death cases can include medical expenses, lost wages, loss of future expected support, pain and suffering, and loss of companionship. We can help you determine if you have a viable wrongful death claim, and, if so, the best course of action to take.

In order for you to have a valid wrongful death claim, some criteria must be met.

• Relationship to the Deceased. To be eligible to file a wrongful death claim, you must be an immediate family member of the decedent. This includes parents, spouses, and children. In some states, grandparents, extended family members, and other legal dependents are eligible to file wrongful death claims.
• Cause of Death. A wrongful death claim must have been the result of someone else’s negligence. If your loved one’s death resulted from the negligent or reckless action or the intentional misconduct of someone else, you may have a wrongful death claim.
• Damages. You must have suffered financial or emotional damages (or both) as a result of your loved one’s death.

Wrongful death laws, and the statute of limitations surrounding the filing of a claim, vary by jurisdiction. If you believe you have a wrongful death claim caused by an accident or other incident in Washington, D.C, Maryland or Virginia, please call or email us as soon as possible. Generally, the time limit for filing a wrongful death claim depends on who and what caused the death. We recommend that you seek legal advice as soon as possible because delays can cause a loss of evidence and rights to recover.

If someone you love has died in Maryland, Virginia, or Washington, D.C. and you feel you have grounds to file a wrongful death suit, you need the experienced wrongful death attorneys at Chaikin & Sherman, P.C. Please email or call us today. We understand how difficult a time this is for you and are sensitive to your special circumstances. While no amount of compensation can bring your loved one back, we will work hard to uncover the evidence needed to win your case and make sure you receive the compensation you deserve. We are committed to obtaining justice for you - the victim.

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