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When a family member dies due to the negligence of either a government employee or agency, you may file a wrongful death lawsuit against the government. However, it’s not a simple process. Unlike filing a personal injury claim against an individual or private company, there are strict guidelines you must follow. Failing to follow these guidelines could result in losing the ability to recover compensation.
Understanding how the legal process works in filing a wrongful death claim against the government is essential. The regulations depend on who caused the harm, whether the responsible party was acting within the scope of their employment, and which government body bears potential liability.
The wrongful death lawyers at Regan Zambri Long have been handling cases against the government for over 40 years. We understand how the process works and know the regulations that must be followed for these claims. Contact our personal injury lawyers today to schedule a free consultation.
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Yes, both the federal and the District of Columbia government can be held liable for wrongful death if the following circumstances are met:
Scope of employment matters: The government is typically liable only for actions taken by employees acting within the scope of their official duties and responsibilities.
Both DC and the federal government may bear responsibility for wrongful deaths from the following situations:
When a wrongful death involves the District of Columbia government, the claim is governed by DC law (DC Code § 16-2701) rather than federal law. The types of parties you can file a wrongful death claim against DC agencies, such as:
Before pursuing a wrongful death claim against the District of Columbia, claimants must comply with specific notice requirements under DC Code § 12-309. These requirements are separate from the statute of limitations for filing a personal lawsuit.
DC law requires that written notice of a claim be provided to the mayor within a specified timeframe. The notice must be filed with the Office of the Attorney General for the District of Columbia.
It’s essential to note that the notice deadline and the statute of limitations for filing a lawsuit are separate requirements with distinct timeframes. Meeting one does not satisfy the other. Failure to provide notice to the District can result in dismissal of the claim, regardless of its underlying merit.
When a wrongful death involves a federal government employee or agency, you will file a claim under the Federal Tort Claims Act (FTCA). The FTCA covers claims arising from the negligent acts or omissions of federal employees acting within the scope of their employment.
There are specific procedures for bringing claims against the United States government. Before filing a lawsuit, claimants must first submit an administrative claim to the appropriate federal agency. This is a mandatory prerequisite.
The requirements for filing an FTCA wrongful death claim differ from those for DC government claims. You must first submit an administrative claim to the appropriate federal agency before filing a lawsuit. The federal agency has six months to respond to the administrative claim. A lawsuit may only be filed after the agency denies the claim or fails to respond within that period.
Unlike a DC government claim, which may be tried before a jury in DC Superior Court, FTCA claims are tried before a federal judge without a jury.
The Washington Metropolitan Area Transit Authority (WMATA) is an interstate agency created by Maryland, Virginia, and the District of Columbia. WMATA is neither a DC government entity nor a federal agency. However, filing a wrongful death claim still requires a specific procedure to follow.
Wrongful death claims against WMATA involve procedural requirements distinct from both DC government claims and FTCA claims. WMATA has waived sovereign immunity for specific tort claims; however, this waiver may not extend to all categories of claims.
Depending on the circumstances, claims against WMATA may be filed in the courts of DC, Maryland, or Virginia. It can also be filed in federal court. The choice of jurisdiction can impact the applicable procedural rules and laws.
WMATA’s waiver of immunity includes caps on the amount of damages that may be recovered, which differ from the damages available in claims against DC or federal entities.
Government wrongful death cases present unique procedural challenges that do not exist in claims against private parties. Understanding these differences early in the process is critical.
Regan Zambri Long has experience handling wrongful death cases involving government defendants in Washington, DC. This includes familiarity with DC notice statutes, federal claims processes, and the jurisdictional issues unique to claims against public entities.
When you lose a family member due to the negligence of a government employee or agency, our DC government wrongful death lawyers are here to help. Contact us today to schedule a free consultation.
Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.