Losing a family member is perhaps the hardest thing a human has to experience. For 71 years, our DC wrongful death lawyers have guided families through these difficult claims. A DC wrongful death claim is pursued by the close family members of the decedent, not the decedent themself. For a claim by the decedent’s estate, you pursue a survival action, which is pursued through the estate’s personal representative. In practice, however, it is often grieving parents or children who come to our office seeking justice for their loss. They may be one and the same. Our role in this type of case is to seek monetary damages. In a wrongful death action (not a survival action), these damages cover loss of financial support, loss of companionship, guidance, care, funeral and burial expenses, and other demonstrable losses.
But to be clear, our office will also create the estate, help appoint the personal representative for the estate, and pursue the survival action in conjunction with the wrongful death action for the family. A wrongful death claim may be the result of a car or truck accident, medical malpractice, or even a fall case. Retaining legal representation can help preserve evidence, protect against various deadlines, conduct expert investigations, create an estate, and more. When the death results from someone else’s wrongful conduct, Gelb & Gelb, P.C., and experienced personal injury attorney Roger Gelb are available to help. Surviving family members may qualify for compensation from the parties who are responsible for the fatal incident. As there is often not a conflict of interest between the parents or children of the decedent, one law firm typically handles all claims related to the wrongful death.
Call our office today for a free consultation over the phone or to discuss in our downtown Washington, DC, office at (202) 331-7227.
Our DC wrongful death lawyers represent clients where the decedent or a family member of the decedent lives in DC, or where the death occurs in DC, for wrongful death claims.
The first reason is experience. Our legal team has been practicing in Washington, D.C., since our founding in 1954. Since then, our attorneys have handled thousands of personal injury cases, including several wrongful death cases. While experience does not guarantee an outcome, it does correlate with success. This is especially true in personal injury, where death cases are different than virtually every other personal injury matter. While we never promise an outcome, our experience enables us to formulate aggressive strategies for the plaintiff, anticipate defenses, and potentially even recover costs you did not realize were compensable.
Particularly for a case as important as a wrongful death, placing your case in trusted hands is prudent. The wrongful death law is unique in the District compared to neighboring jurisdictions such as Maryland and Virginia. It is valuable to have an attorney familiar with regulations in all neighboring jurisdictions, especially if one party or claimant resides there and is subject to different laws. Understanding the laws in each jurisdiction and their impact on your claim can significantly influence your ultimate recovery.
A second reason why Gelb & Gelb is the preeminent wrongful death law firm is our approach to each case. Our method of how we file a wrongful death lawsuit in DC is even more valuable in a case as significant as a wrongful death. Every detail in a case of this significance matters.
Our process ensures we uncover each fact beneficial to build your case and present the strongest possible argument. We leave no stone unturned in our investigation. This is particularly necessary in our more complex wrongful death cases. We then prepare every case to be ready for trial, even if we ultimately settle when that is in your best interest. Being prepared for trial is the best way to secure a strong settlement offer. When you seek help from our DC wrongful death lawyers, you may be the personal representative for the decedent’s estate.
This means the relationship between our client and the decedent varies. Your role relative to the estate matters. Accordingly, we adjust our approach depending on the role you come to us in, so we always act in the best interest of our client. Wrongful death cases can be among the most emotional cases in our justice system. We understand how important each of these cases is for our clients.
Wrongful death claims can arise from various situations, including car accidents, slips and falls, and pedestrian accidents. For a DC wrongful death lawyer to prove liability in a death claim, we must establish that the death resulted from an incident involving negligence, recklessness, or intentional conduct. This misconduct must play a legally significant role in causing the death. More specifically, four elements must generally be present for a legally valid wrongful claim to exist under D.C. Code § 16-2701:
Liability in a wrongful death case may include intentional misconduct but also momentary carelessness. Individuals, businesses, and government entities can all be liable for wrongful death claims. Due to the potential complexity of these claims, however, individuals may wish to get the advice of a DC wrongful death lawyer.
Under D.C. Code § 16-2701, several key elements establish your right to make a wrongful death claim. Generally, you must satisfy each of these four elements to be successful in your claim.
The above four elements form a framework under the law. Of course, the DC caselaw refines this statute, clarifying its practical application. Call our office today, and we will tell you how the caselaw and statute apply to your case.
The only person who may file a wrongful death claim, subject to § 16-2702 of the DC Code, is the personal representative of the decedent. Under that same section, we know that you have only two years from the date of loss to file your wrongful death claim. This is extremely important because it contradicts what you might read online regarding the statute of limitations in Washington, DC. Indeed, the statute of limitations for most personal injuries in DC is three years. However, that is not the case for a wrongful death claim. Once that personal representative brings suit against the proper defendant and follows all other rules governing notice, the complaint, service of process, and other requisite elements, we can discuss who is eligible to recover under § 16-2701.
The eligible claimants and beneficiaries of a wrongful death claim are the surviving spouse or domestic partner first, and the decedent’s children. If neither is applicable, then we look to the next of kin, such as parents or siblings. While the statute specifies that the next of kin are next in line, it does not specify the order of the kin. Under § 19-301, we go first to parents, then siblings. Note: The rules of intestacy vary by jurisdiction. Thus, what you read online may be inaccurate. Accordingly, it is always best to contact an attorney who has personally handled these cases before. Give us a call today to discuss your options at (202) 331-7227.
The short answer is that it depends. If the decedent has a will at the time of death, the person named to be the executor should be the personal representative of the estate. Of course, the will must be valid for us to rely on it. If the decedent is a child or just does not have a will, then the rules of intestacy take over. Under § 20-303, the Court shall appoint personal representatives, successor personal representatives, and special administrators. There is an order of priority that the court should follow. The statute ranks priority in the following order:
A 1990 District Court case citing the D.C. Code sets a crucial rule: The District’s Wrongful Death Statute applies only to deaths whose injuries occur within the District of Columbia. If the injury occurs in another jurisdiction, another state’s statute likely applies. Therefore, it is favorable to retain a DC wrongful death lawyer who can practice in multiple jurisdictions. Fortunately, our attorneys are licensed to practice in several states. So, how does the law in DC differ from neighboring Maryland and Virginia? While we also handle cases in these states, the law is a bit different. For one, while the statute of limitations in Maryland and DC allows for lawsuits to be filed up to three years after an injury, DC’s statute of limitations is two years for wrongful deaths. Still, the Maryland statute remains three years for wrongful deaths.
So, whatever rationale DC has for limiting it to two years, Maryland is unconvinced and has stuck with the three-year mark. This can be confusing for families who have chosen to wait after losing their loved one — a common thing to do, as sadness can overtake grieving family members. Additionally, Maryland opens up the number of claimants for wrongful death a touch more than does Washington, DC. These examples signal that the DC legislature is more intent on limiting wrongful death claims than is the Maryland legislature.
Relatives of the deceased persons may be eligible to obtain compensation through wrongful death claims. In most cases, the closest immediate relatives to the deceased qualify for damages. However, if some immediate relatives do not exist, then others may be eligible.
For clarity on whether you may recover for the death of a family member, speak with a DC wrongful death lawyer immediately. Typically, the relatives who relied on the deceased person for financial support are entitled to seek compensation through a wrongful death claim. The potential damages in a wrongful death claim can include:
No amount of money can replace a lost life. So asking a jury for a specific number can feel off-putting. However, a settlement award for a wrongful death claim can provide financial security in a time of considerable uncertainty for the deceased’s family. A good wrongful death attorney may assist surviving family members in seeking compensation for the death of their loved one. Schedule your consultation today, and let our DC wrongful death lawyers help you find justice.
The Wrongful Death Act authorizes compensation for specific categories of damages. Thus, the Act’s compensation differs from a traditional, common law negligence claim. This remains true even though a wrongful death action may be based on negligence. Primarily, recovery under the statute covers the amount of financial loss to the surviving spouse or next of kin. This calculation considers the decedent’s life expectancy if the wrongful death had never occurred. Then, the amount of money the decedent would have made throughout the working years is calculated as if it were prudently invested. The money is then discounted to present value, and an award is given. This is a version of an economic loss. The plaintiff may also recover other economic damages that we can prove with the evidence available.
Calculating any loss of future income can be tricky. Moreover, determining how much of it you are entitled to is a separate issue. Thus, having an aggressive DC wrongful death lawyer on your side bolsters your chances of success.
The example cited in the caselaw is funeral expenses for the decedent. However, the plaintiff withdrew her claim for additional economic damages. See Jefferson v. E.D. Etnyre & Co., 2004, 300 F.Supp.2d 109. This case is from the Court of Appeals level in D.C., decided in 2004. You may receive a bill for economic damage, such as from a doctor. That is quantifiable economic damage. The other damage type is non-economic. The example case holds that a plaintiff in a wrongful death action can recover for pain and suffering. This is a non-economic damage because it is not quantifiable.
A jury must also determine non-economic damages, such as pain and suffering. A skilled DC wrongful death lawyer from Gelb & Gelb will persuade a jury to vote that you deserve a higher amount for your emotional suffering. In Herbert v. District of Columbia, a 2002 case, the court held that a plaintiff might recover for the value of lost services, such as care, education, training, and personal advice. Besides the financial loss by the surviving spouse and next of kin, there are other compensable damages under a wrongful death cause of action that a DC wrongful death lawyer might consider.
We look at every facet of your life to maximize your compensation after your loss. The cost of education can undoubtedly be expensive. We examine whether the decedent would have paid for your private or college education to determine whether you can recover for education expenses. This can be achieved by reviewing your previous education or by gathering tangible evidence that the decedent held this desire. Of course, as the plaintiff, we carry the burden of proof. Accordingly, we must convince a jury that it is more likely than not that our claim is true. While your testimony may be enough and is legally sufficient, juries differ in what they find credible.
The measure of recovery for training is fact-dependent. If you work in a family business, you may have a viable claim for loss of training. If your family member is training you in a specific field and you lose that opportunity, you may be unable to pursue that job. Under D.C. law, this is a permissible reason to recover against a defendant. If applicable, you may be eligible for substantial compensation. Accordingly, contact an attorney to understand if this is available as part of your claim.
Compensation for personal advice may apply if you are underachieving due to the loss of a parent. While you are not technically able to recover from the loss of consortium, according to some caselaw, the loss of personal advice is one factor that may be recoverable. It is also an element that is more difficult to quantify. It is not precise as a financial injury and thus depends on how the jury views the facts of your case. One general way to view this category of damages is to consider how successful the decedent was. If the person was immensely successful in their life, and you can demonstrate a close relationship, you should recover more for the loss of personal advice. Meanwhile, if they were uneducated, the loss of personal advice may be valued less.
While this process can be difficult, you do not have to go through it alone. Call our DC wrongful death lawyers today to discuss your options.
Compensation for wrongful death actions is subject to statute. And the statute can vary from jurisdiction to jurisdiction. While pain and suffering are compensable, loss of consortium is not a part of a wrongful death claim in Washington, DC. See Johnson v. Mercedes-Benz, USA, LLC, 2002, 182 F.Supp.2d 58. A 1983 case holds that a plaintiff in a wrongful death action may not recover for mental suffering, grief, or anguish. Also, recoverable damages under the criminal death statute are not “assets of the decedent’s estate.” This is because it is a separate and independent cause of action. However, it can still be part of the same civil trial as the survival action.
Schedule your free consultation today with a trusted DC wrongful death lawyer to explore your rights and potential compensation. Let us help you navigate this challenging time with dignity and legal expertise.
A wrongful death lawsuit in Washington, DC, encompasses a range of scenarios, from accidental fatalities on the road to fatalities due to workplace accidents or unsafe products, with the legal process tailored to the unique circumstances of each case. It can happen on the road, in a nightclub, or at home. Regardless, Washington, DC, laws on wrongful death are generally the same. The personal representative of the estate of the deceased person is the appropriate person to file a wrongful death lawsuit. Various people may qualify as the personal representative of the estate if the deceased individuals die intestate or without a will, such as spouses, domestic partners, or children. You may also have a claim against the treating physician for a medical malpractice claim with guidance from a DC wrongful death lawyer.
Filing deadlines exist for wrongful death suits, regardless of who is named as representative of the deceased party’s estate. While it is natural to grieve and perhaps not even consider the legal process immediately after a family member’s death, it is important to consider all options as soon as possible. Speak to an experienced DC wrongful death lawyer and take action.
More than 3,000 children are injured each year from falling out of windows. When that child falls out of a high window, catastrophic injuries or worse may occur. This case is one that attorney Roger Gelb has experience successfully resolving. The issue a parent may encounter in a case like this is that they may be found contributorily negligent for the child’s death, and thus unable to recover. However, the child’s estate should still be able to recover, as a child cannot be contributorily negligent in DC. However, you must still satisfy each element of negligence against the landlord or property owner.
A question you must ask is, “Did the property owner know, or should they have known, of the hazardous condition?” This is why it is crucial to place the landlord on notice as soon as possible. Then, if something does happen, you are one step closer to holding them accountable. So, why would you struggle to rebut the contributory negligence defense? If you are aware of the hazard and fail to act, a jury may find you at least 1% liable. In DC, that is all it takes to lose your right to recover under a wrongful death claim. Of course, that does not negate the estate’s right to recover. Moreover, people other than children may recover for a fall.
But not every decedent shares responsibility for their fall. Call Gelb & Gelb today for a wrongful death arising out of a fall from a window.
A balcony collapse or a structural failure leading to a wrongful death is an expensive claim to pursue. Of course, the potential value of a wrongful death case can justify the cost. Further, our firm will advance these costs on your behalf, ensuring you do not have to pay any out-of-pocket costs for legal fees or expert witnesses. However, this is still a challenging case. The key element to focus on in a collapsed balcony case is whether the apartment building or condo knew or should have known of the defects. If the building is on notice of a structural defect, you should have a case as long as you can prove it. But how do we prove that the building owner or manager knew of the defect?
One option is to look at maintenance records. If the owner was negligent in how often they maintained the building, that negligence may be sufficient to win your case. It is reasonably foreseeable that an unmaintained building might collapse. Alternatively, the records may show that they knew of the defect. We can also use inspection reports, prior incidents, and expert investigations.
Unfortunately, electrocution from unsafe wiring leads to over 100 fatalities every year. Many of these happen at work. When you suffer this type of injury at work, it probably qualifies you for a workers’ compensation claim. When it is a workers’ compensation claim, you do not have to worry about fault. Even if you are at fault for your injury or death, you or your estate can potentially still make a workers’ compensation claim. But whether you can sue for negligence against your employer depends on if they were grossly negligent in their action leading to the decedent’s passing. Now, if you are a regular citizen who is electrocuted, due to the negligence of an entity other than your employer, the standard is ordinary negligence.
To prove negligence, we must prove all four elements of the claim. The first element of negligence is duty. Different property owners will owe different legal duties to a plaintiff. For a residential homeowner, there is no duty to inspect for unknown hazards. However, if the private homeowner knows of the hazard, they may owe a duty to anyone legally on their property. In theory, this makes sense. However, in practice, we must prove that the homeowner knew of the hazardous condition, which can be a challenge. Even if we can prove that, the defense team may counter that the homeowner warned the decedent, thereby absolving them of their liability, an affirmative defense. If the jury believes this defense, the homeowner is off the hook. If it is not a homeowner, but a company or public entity, this is an easier element to meet.
Then, to prove breach, we must show that the defendant failed to meet the requisite standard of care by leaving wiring exposed, ignoring code violations, or failing to repair downed power lines after notice. If we can then prove that the breach of duty is the legal cause of the fatality, we can establish liability.
Since 2000, over 100 people have lost their lives due to hazing activities in the United States. There are myriad reasons why hazing is dangerous. For one, it almost always involves alcohol, which reduces decision-making abilities and increases the likelihood of injury. The good news is that 44 states in the U.S. now have anti-hazing statutes. While this is not necessary to hold a wrongdoer civilly liable, it can certainly help build a case. Unfortunately, DC does not have a specific statute in its code that outright bans hazing. However, just because DC does not have it in its code does not mean we cannot recover monetary damages against a fraternity, individual, interfraternal council, and university. These cases can get messy, as members of a fraternity or sorority may be reluctant to communicate with lawyers and the police.
However, when there is a death, the police will use their full force in investigating and interviewing wrongdoers to obtain justice. In doing so, our office can work with them in securing critical statements that we can use to build your civil case. The loss of a life is a tragic ordeal. So when hazing occurs, an act that goes beyond mere negligence, action should be taken. We will aggressively pursue each liable individual or organization to recover the monetary damages you or your child deserves.
Fires and even smoke, unfortunately, result in fatalities with unfortunate regularity in DC. In all of 2024, there were at least seven fatalities in DC due to fire. The reason these cases are challenging is that the evidence we need to prove your case may be destroyed in the fire. For example, if something was blocking a fire exit, trapping you inside, how do we prove that in a trial? We may be able to access security footage if it livestreams to a more secure location, but this is unlikely. On the other hand, if DC government employees inspect the structure before the death and deem it unsafe, you may have a case.
If your family member was in a fatal fire or smoke inhalation incident, we will gladly speak with you in a free consultation, available anytime. Even if you are unsure if you have enough evidence to win a case, contacting our office sooner allows us to send in our own experts, who will investigate the incident scene and formulate a formal report. When there is a death case, we thoroughly prepare for trial. Our goal is to build such a compelling case that the adverse party is begging us to settle. In something so serious, monetary damages feel insufficient, as nothing will bring back the lost family member. But rest assured that we will aggressively pursue the negligent party to the fullest extent of the law in DC.
A fatal exposure to toxic substances in DC can refer to countless things. In Washington, DC, wrongful death claims have arisen from exposure to chemicals in the workplace, contaminated water supplies, defective consumer products, and unsafe living conditions, such as lead paint or mold. Unfortunately, many of these cases can be both expensive to pursue and difficult to prove. Fortunately, our firm has experience handling many of these case types. Furthermore, Gelb & Gelb will advance these hefty costs on your behalf. When there is a wrongful death in your family, you are dealing with countless things to get life back on track, not to mention grieving a loved one. This is when a wrongful death law firm is most helpful.
Whether it is an employer’s duty to provide protective equipment or a landlord’s duty to maintain safe housing, we must prove that the negligent third party owes a legal duty to the plaintiff. After we prove the legal breach, we must prove causation. That can be the tricky part. If someone passes due to exposure to toxic substances, the medical records must relate the death to that exposure. If the death is mesothelioma due to asbestos exposure, the medical records at the hospital must state that this is the reason. Of course, if the decedent had mesothelioma but died due to something completely unrelated, we cannot also pursue a case for asbestos exposure. The same goes for carbon monoxide and cancer from long-term chemical exposure.
Controlling wild animals is challenging. Even in a supposedly controlled environment like a zoo, they remain untrained and dangerous. If someone passes away due to negligence at the Smithsonian National Zoological Park, the estate of the decedent may have a claim. These deaths are rare, but they do occur. For example, a cleaner entered a tiger’s cage in 2021 in Florida, where he was unable to escape and was killed. While this may not be a personal injury case, the family does have a workers’ compensation claim to pursue. Moreover, if poor management leads to unsafe conditions, this can endanger the lives of the Smithsonian Zoo’s over 2 million yearly visitors. When that many people are coming through a year, and there are as many dangerous animals as the zoo has, even a slight breach of a legal duty can lead to deadly consequences.
Even on a mild day, the temperature inside a vehicle can climb 20–30 degrees higher than the outside within minutes. When the temperature outside of the car is a fresh 70 degrees, the temperature inside the car can reach over 115 degrees in minutes. Tragically, children, older adults, and pets are the most vulnerable in these circumstances because they cannot escape on their own. Thus, about 37 children die of heat stroke yearly from being locked in a car. About half the time, this is because someone forgets the child in the car. About a quarter of the time, it is a child who gets into the car themself but cannot get out. Understanding how quickly the car can overheat is critical.
Thus, if you are walking by a car and see a child in the backseat, do not hesitate to ask them if they need help and call 911 when appropriate. If someone you know passes away due to extreme heat exposure, contact Gelb & Gelb today. This is almost certainly a basis for a negligence cause of action. The question will quickly become whether there is a viable source of recovery. In general, auto insurance only applies when the car or truck is in operation. Thus, this is a fact-specific legal question. However, there may be other avenues worth exploring to compensate your family for their loss.
Call today for a free evaluation at (202) 331-7227.
The death of a close family member can be an overwhelming and traumatic experience. From heartbreaking instances of children dying as a result of a car accident to the elderly who ultimately succumbed to their injuries caused by another’s mistake, the death of a loved one is torturous. When that death results from the preventable misconduct of others, however, the loss can be even more devastating. These cases require an experienced attorney to ensure those loved ones left behind are compensated for their overwhelming loss.
Consulting a DC wrongful death lawyer about your legal options may allow you to hold the negligent parties accountable for their conduct. Roger Gelb will investigate the circumstances surrounding the death and gather the evidence necessary to build a robust wrongful death claim. Do not navigate this difficult time alone. Contact our legal team today for a compassionate and free consultation at (202) 331-7227.
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