An examination of the timeline of a DC wrongful death case shows how complex these cases are. In almost all cases that result in the death of a victim, these cases are fought tooth and nail by the defense. Insurance companies are in business to make money. When there is a death case, they know that millions of dollars may be at stake, depending on the insurance coverage allotted for the defendant. Thus, they will fight us at every turn, starting with procedure and pretrial motions. But once in the courtroom, or even in mediation or arbitration, the brunt of the argument will revolve around liability and the case’s value. While countless hours will go into the preparation and potential litigation of liability, the part of a DC wrongful death case that is hardest to assess is the value.
Valuing a human life is inherently complex. The strongest emotions a human can possess are closely tied to these cases. How much a life means to a family member is no doubt different than how a stranger may value the deceased’s life. In a wrongful death action, we are referring to the compensation owed to the close family members of the decedent. This may be a parent, child, or spouse. This is separate from a survival action, which compensates the decedent’s estate. Of course, the estate may go to those family members, but that depends on the decedent’s last will and testament.
Following a death, the family member of the deceased will call our office and set up a consultation. Our phones are available 24/7, and we guarantee a callback by an attorney seven days a week, typically immediately. Again, recall that a wrongful death claim is not a survival action. If you are pursuing a survival action, an estate must be set up, and the court must appoint an administrator. We then communicate with the administrator. Sometimes, the person who is pursuing a wrongful death claim is also the administrator of the estate. Many times, these two claims are handled together.
The timeline of a DC wrongful death case always begins with the initial consultation and case evaluation. At this stage, your attorney will ask you questions to get an idea of the facts of your case. We will carefully consider all relevant statutes of limitation, the merits of your case, and whether it is worth pursuing. Note that you may have a viable wrongful death claim, yet no one to recover from. For example, if your spouse is killed in an armed robbery in North East, Washington, D.C., the person who commit the crime likely does not have sufficient assets to cover your damages if they are resorting to armed robbery.
Moreover, it is unlikely that any insurance will be attached to cover your damages. However, it is still worth consulting with an attorney even in this scenario, as our consultations are free, and other parties may be liable in your case.
This may or may not be a relevant stage in the timeline of your DC wrongful death case. It is possible that the victim, in your case, passed away immediately following their injury. On the other hand, perhaps they were poisoned due to a harmful product and suffered in pain in a hospital bed for a week before ultimately passing away. You may reach out to us before or after the completion of the medical treatment. We always advise you to speak with an experienced attorney immediately.
This stage of your case may take several months. In cases such as a DC car accident, we may have to request the body camera footage from the police officer. Getting this footage is feasible but takes time. We may need to track down a witness who has vanished. In these instances, sometimes the witness turns up dead or was in another country. We hire private investigators in these cases. Evidence collection is critical. If your case makes it to trial, we must prove by a preponderance of the evidence that the defendant is liable for your injuries and that you suffered the damages we claim. That means a jury must agree that it is more likely than not that our assertions are true. Merely asserting these claims is insufficient.
As much evidence as you can collect, the better. While there are many pieces of evidence that we can collect as your wrongful death attorneys, some pieces of evidence are time-sensitive. For vehicle property damage, take pictures with your phone immediately. If you believe there is security camera footage that captures the incident, call an attorney immediately to have us preserve the evidence. Here is a list of helpful evidence to look for in a wrongful death case.
Filing your claim is the next step in the timeline of a DC wrongful death case. We file any personal injury case for two reasons. First, there is a dispute in liability. If this is the case, we do not even get to discuss damages. We send the defendant’s insurance provider the evidence we have. They decide they do not believe their insured is liable for the alleged injuries or are confident in the defense they plan to make at trial.
The second reason we might file a wrongful death claim is if there is a dispute over the case’s value. When this happens, the defendant has already accepted liability. For such a high-value case, disagreements between the parties are common. Both sides have very different goals going into the negotiation. For a wrongful death case, valuing the damages is especially difficult. Accordingly, we see more litigation over these cases than most. This is true despite the likely high cost associated with this type of claim.
Discovery in the timeline of a DC wrongful death case is used to prepare both sides for trial. The goal of our justice system is to have fair trials. It is contended that a trial can only be fair if there are no surprises. In other words, both sides must be aware of what pieces of evidence the other side prepares to use, with limited exceptions. Here are some of the several modes of discovery available to both parties.
If we cannot settle your case, we will file suit to recover your compensation and seek justice. A trial may last two days for a wrongful death case. However, it may settle after the first day or, for more complex cases, extend to a third day. A trial has countless components that make it complex, particularly for wrongful death cases. If you have questions about a trial, please contact one of our attorneys.
The timeline of a DC wrongful death case may vary in length of time per stage and the stages themselves. Sometimes, we may settle long before we file as there is a policy limit issue. If you have any questions about the timeline of the typical case or whether you have a claim worth pursuing, call our experienced attorneys today. Our phones are available 24/7 at (202) 331-7227.