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Wrongful Death FAQ

Wrongful Death FAQ

Washington, DC, Wrongful Death Attorney

  • When should I file my wrongful death claim?
  • What is a wrongful death claim?
  • Who can file a wrongful death claim?
  • What damages can I recover as a result of a wrongful death?
  • What causes a wrongful death?

When should I file my wrongful death claim?

You should file your wrongful death claim as soon as possible. Every state has a statute of limitations for any claim, whether it is wrongful death, personal injury, or an auto accident claim. If one of your loved ones was the victim of a wrongful death, our legal team can help you determine the statute of limitations which applies to your case, as they are different in every state.

What is a wrongful death claim?

A wrongful death claim is filed when the surviving members of the victim's family believe that it is the defendant's fault that the decedent (the victim) was killed. The wrongful death claim seeks to provide the surviving family members with monetary compensation for the death of their loved one.

Who can file a wrongful death claim?

Generally, decedent's immediate family can file a wrongful death claim. If the only person able to file the wrongful death claim is a minor, then the court may assign a guardian (guardian ad item) to represent their best interests in the case. All states have different rules and regulations concerning wrongful death claims. In some states, the ability to file the claim is extended to portions of the extended family.

What damages can I recover as a result of a wrongful death?

Each state has different rules that concern what you can recover through a wrongful death claim. That is why it is important to consult with an experienced wrongful death lawyer as soon as possible after the death occurs.

However, almost all states allow surviving members to recover from the following:

  • Mental anguish, suffering, and pain
  • Expenses associated with the death, like medical and funeral bills
  • General and punitive damages
  • Loss of care, companionship, or protection
  • Loss of benefits if the victim provided medical, pension, dental, or other benefits to his/her family.
  • Loss of the victims anticipated future earnings

What causes a wrongful death?

A wrongful death can occur from any number of factors. A wrongful death can be the result of another person's negligence, carelessness, misconduct, or actions, including:

  • Traffic accident
  • Defective product (liability of the manufacturer)
  • Hazardous substance
  • Adverse reaction to a prescription drug

Personal Attention Each Step of the Way

At Chaikin, Sherman, Cammarata & Siegel, P.C., we go the extra mile for our clients, especially those who are dealing with tragedies as profound as the loss of a loved one.

If you would like more information about filing a wrongful death claim in Washington, DC and how our legal team can walk you through the process, call (202) 644-8303 for a FREE case evaluation.