Wrongful
Death Lawyers in DC, MD & VA
When
a person dies because of someone else’s mistake (a.k.a. wrongful death),
their surviving family members often feel depressed,
angry, and powerless. However, family members have the
power to take action against the person or people who
made the mistake. That action most often takes the form
of a wrongful death lawsuit. When a person is injured because of someone
else’s mistake, he or she can sue the wrongdoer
on a theory of negligence.
There are two types of claims available to family members
of people who die because of someone else’s mistake.
The claims are called wrongful death and survival claims.
Wrongful Death Claim
Different jurisdictions have different rules, but, in
general, a wrongful death claim can be brought by a
surviving spouse, children, and parents of a deceased
person. A wrongful death claim compensates family members
for the losses they experienced because of the death
of their loved one. It does not matter whether the “wrongful”
act was done on purpose or by accident, as long as it
is the kind of act that would have allowed the deceased
person to sue for his or her personal injuries if the
person had lived. The wrongful death claim belongs to
the family members.
If a wrongful death claim is successful, the family
members may be able to recover monetary damages. The
amount and type of damages vary but may include things
like loss of companionship, grief, and loss of financial
support. The funds are distributed in accordance with
the deceased person’s will. If the deceased person
died without a will, the funds are distributed according
to the applicable state law.
Survival Claim
If the victim of the wrongdoing had survived, he or
she would have had a claim for personal injuries. The
victim’s claim for personal injuries is not extinguished
by his or her death. Instead, the claim survives in
favor of the estate, heirs, and legal representatives
of the deceased. Survival actions usually accompany
wrongful death claims.
A wrongful death claim compensates the family of the
deceased for the injuries the family has suffered. On
the other hand, a survival action compensates representatives
of the victim for the suffering of the victim him or
herself. When a person dies because of someone else’s
mistake, the claim that he or she would have had is
called a survival claim because the claim survives the
death of the claimant. The thinking is that the wrongdoer
would have been liable to the injured person. If he
or she had survived, the injured person would have had
a negligence claim against the wrongdoer. After his
or her death, the claim can be brought on his or her
behalf by surviving family members.
Usually, a spouse, parent, or child is named the personal
representative for the estate of the deceased person.
The representative then sues on behalf of the deceased
person. If the suit is successful, the representative
of the deceased person will be entitled to monetary
damages to compensate him or her for the defendant’s
wrongful act. The amount to which he or she is entitled
depends on the circumstances of the person’s death
and the extent of the wrongdoing. Those damages often
include items like past medical bills, pain, suffering,
and lost wages.
Remember, wrongful death claims and survival claims
vary from state to state, so make sure to contact a
lawyer to fully understand your rights.
Frequently
searched terms:
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