Unfortunately, there are several common causes of wrongful death in DC. Washington, D.C., sees wrongful death occur seemingly every day. Whether it is a shooting, stabbing, carjacking gone awry, or some act of negligence, they occur with unfortunate regularity. As wrongful death lawyers in the District, we stand here ready to help you should you represent or be related to the victim in a wrongful death. First, before learning the common causes of wrongful death in DC, you must understand who can recover under this cause of action. Note that a wrongful death action is under DC statute, not necessarily the common law. The DC wrongful death statute allows close family members to recover damages when a family member is wrongfully, either intentionally or negligently, killed.
This is distinct from a survival action. The executor of the decedent’s estate should pursue a survival action. That cause of action compensates the estate and allows the victim’s right to recovery to survive beyond death. Having a thorough understanding of the causes of wrongful death in DC is critical as the first step towards stopping it. While we do not expect understanding the causes to eliminate wrongful deaths in DC, awareness and education are the first steps toward change. Even if it means changing routines to protect your children, whatever can be done to preserve our community should be done.
DC had the second-highest rate of car accident fatalities in the last twenty years. In 2023, there were 52 traffic fatalities in Washington, D.C. That means Washington, D.C., averaged exactly one death per week. Unfortunately, at this point in 2024, there has been a 17% increase in the number of car accident fatalities. Thus, traffic accidents are among the most common causes of wrongful death in DC. Unfortunately, there are no signs that this high number will be reduced anytime soon, as we are on pace for a record high over the last 20 years. Traffic accidents are hazardous whether you are on a motorcycle, in a truck, car, scooter, bicycle, or a pedestrian in the crosswalk. Worse, the ramifications of another driver deciding to travel down busy DC streets at twice the legal limit endangers countless people.
While Washington, D.C., is known to have countless speed cameras, this is not enough to protect innocent people on the road. However, there is a single silver lining worth mentioning as it relates to traffic accidents. Typically, auto insurance covers the damages suffered. The damages associated with a wrongful death can be exorbitant. Funeral expenses can be several thousand dollars. You should not have to pay that alone. However, if you or your family member is the victim of a common cause of wrongful death in DC, like a violent crime, there may be no one to sue as the tortfeasor might have no money to pay your hospital expenses, funeral costs, etc.
As always, it is worth discussing with a DC personal injury attorney to discuss what options might be available.
Medical malpractice is among the common causes of wrongful death in DC. This type of case is tricky; there are a few key aspects to understand. First, the treating doctor who performed the malpractice may not be the only tortfeasor liable for the death. For example, if you are struck by a negligent driver in a traffic accident, and the surgeon later makes a mistake in your surgery, then both the negligent driver and surgeon are liable for the death. Determining who to recover from depends on how much coverage is available and how complex proving liability is.
Proving liability is highly complex in the typical medical malpractice case. Note that the law generally protects doctors from medical malpractice suits. That is not to say that they should not be pursued; instead, there needs to be a high level of damage. Suffice it to say that a wrongful death case fits that demand. However, proving liability is still costly. Doing so will likely require multiple expert witnesses. Meanwhile, proving liability in a traffic accident case is typically far less expensive as the property damage to the respective vehicles involved in the accident tells the story and is simple enough for a jury to understand without requiring an expert witness.
There are two scenarios for workplace accidents as common causes of wrongful death in DC. First is if your employer is negligent. If your employer negligently causes your injury, your only means of recovery will usually be worker’s compensation. In general, the rule is a worker’s compensation claim is the exclusive remedy against your employer.
The second scenario is if there is an injury at work that leads to a death, but it is caused by someone other than your employer. For example, if you drive for a company like Amazon or FedEx, and a negligent driver injures you while you are within the course and scope of your employment, this qualifies as a workplace accident resulting in death. Fortunately, in this scenario, your company likely has an extensive policy to cover any damages that the negligent tortfeasor cannot cover under their policy.
Product liability typically works larger than most of these other causes. Nonetheless, when a lousy product comes onto the market, it strikes on a large scale, thus making it among the common causes of wrongful death in DC. There are three types of product defects worth mentioning.
Given the crime rate in Washington, D.C., it is worth briefly mentioning violent crimes as a common cause of wrongful death in DC. While there is no question that a shooting or a stabbing resulting in a wrongful death entitles a victim and their family to compensation, the immediate issue is how to recover a judgment. There is no insurance for violent crimes if you plan to sue the person who committed the crime. In some instances, there are other negligent parties. For example, a nightclub’s inadequate security may allow recovery against the bar or nightclub.
However, suing the person who commits the violent crime in a civil action will likely prove fruitless. For example, let’s say your family member was a victim in a carjacking that resulted in their death. There is no question they should be prosecuted criminally for their actions and spend a lifetime in prison. However, if we pursue a civil case against this person and win a $2 million judgment, there is very little chance that the tortfeasor has the money to pay that judgment. In this scenario, we cannot even garnish wages because the tortfeasor will spend a lifetime in prison. Sadly, in these instances, criminal justice is the best route against the killer.
But remember, there may be other avenues to recover, as more than one party may be liable.
If you are interested in learning more about common causes of wrongful death in DC, contact our office. Our experienced attorneys have been practicing personal injury law in DC since 1954. Call today for a free consultation.