In a wrongful death lawsuit, once the determination is made by the court that the person who died was the victim of wrongful death, compensation may be awarded to the surviving family members.
Depending on the jurisdiction where the wrongful death lawsuit has been filed, the financial compensation may go to a spouse, children, parents, or other extended family.
What Is a Wrongful Death Claim?
Wrongful death is a legal term used to describe a condition where a person’s death is caused by another party’s misconduct.
Wrongful death claims can arise from many different circumstances. This includes motor vehicle accidents, medical malpractice, defective products, workplace accidents, and criminal acts.
Where does the money come from in a wrongful death?
If a party is found liable for the misconduct leading to a person’s wrongful death, they may be ordered to financially compensate surviving relatives for damages suffered. Depending on their insurance policy and the circumstances of the wrongful death, the negligent party may be covered. The compensation will come from their policy whether it be auto insurance, homeowner’s insurance, renter’s insurance, medical malpractice insurance, or premises liability insurance.
In cases where the at-fault party is underinsured, meaning they don’t have enough insurance to fully compensate the victim’s family for their losses, a lawsuit can be filed against the at-fault party to seek damages beyond what is covered by their insurance policy.
A statute of limitations is a law that sets a specific period during which legal action can be taken. In Maryland, the statute of limitations to file a wrongful death suit is three years. In Virginia and Washington, DC, the statute of limitations is two years. There are exceptions to the parameters jurisdictions put in place for when you can initiate a wrongful death case. Below are possible exceptions that may apply to the statute of limitations.
If a person’s exposure to a toxic substance at their workplace caused their death, a wrongful death action must be filed within 10 years of the time of death or 3 years of the date when the cause of death was discovered, whichever is the shorter.
Under the discovery of harm rule, the statute of limitations for filing a wrongful death lawsuit does not begin until the filing party knew or should have known that their loved one’s death was caused by the negligent party’s misconduct.
If a family member of a wrongful death victim doesn’t discover the decedent’s death until after their passing, the clock starts after they discovered or reasonably should have discovered it.
If the survivor of a wrongful death victim is a minor child at the time of their parent’s death. the child has until two years after their 18th birthday to file a wrongful death claim.
Washington, DC Wrongful Death
For the deceased person’s pain and suffering between the time of the injury and death, there is a three-year deadline from the date of the injury. (This is called a “survival of actions” claim.) 12–101. Survival of rights of action: On the death of a person in whose favor or against whom a right of action has accrued for any cause before his death, the right of action, for all such cases, survives in favor of or against the legal representative of the deceased.
Consult with an experienced wrongful death attorney to determine the statute of limitations applicable to your case. Missing a critical deadline and failing to file within the statute of limitations can result in the case being dismissed. The members of the victim’s family may lose the right to seek compensation for their loss.
Who Can Claim Damages and Who Receives Payment for Wrongful Death?
The family of the victim of wrongful death typically claims damages. The specifics of exactly who can make this claim, however, may vary according to the wrongful death statutes dictated by jurisdiction and state law in DC, Maryland and Virginia.
(a) (1) Except as provided in paragraphs (2) and (3) of this subsection, an action under this subtitle shall be for the benefit of the wife, husband, parent, and child of the deceased person …
(b) If there are no persons who qualify under subsection (a) of this section, an action shall be for the benefit of any person related to the deceased person by blood or marriage who was substantially dependent upon the deceased …
(c) (1) In an action under this subtitle, damages may be awarded to the beneficiaries proportioned to the injury resulting from the wrongful death …
(d) The damages awarded under subsection (c) of this section are not limited or restricted by the “pecuniary loss” or “pecuniary benefit” rule but may include damages for mental anguish, emotional pain, and suffering, loss of society, companionship, comfort, protection, marital care, parental care, filial care, attention, advice, counsel, training, guidance, or education where applicable for the death of:
(1) A spouse;
(2) A minor child;
(3) A parent of a minor child; or
(4) An unmarried child who is not a minor child if:
(i) The child is 21 years old or younger; or
(ii) A parent contributed 50 percent or more of the child’s support within the 12–month period immediately before the date of death of the child.
(e) For the death of a child, who is not described under subsection (d) of this section, or a parent of a child, who is not a minor child, the damages awarded under subsection (c) of this section are not limited or restricted by the “pecuniary loss” or “pecuniary benefit” rule but may include damages for mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, care, attention, advice, counsel, training, education, or guidance where applicable.
The damages recovered in an action pursuant to this chapter, except the amount specified by the verdict or judgment covering the reasonable expenses of last illness and burial, may not be appropriated to the payment of the debts or liabilities of the deceased person, but inure to the benefit of his or her family and shall be distributed to the spouse and next of kin according to the allocation made by the verdict or judgment, or in the absence of an allocation, according to the provisions of the statute of distribution in force in the District.
Virginia
In the state of Virginia, wrongful death lawsuits must be filed by a personal representative, or executor, of the estate.
Executor of the estate
An executor of an estate is a person or entity named in a will or appointed by a court to manage the affairs of a deceased person’s estate.
statutory beneficiaries: Statutory beneficiaries are recipients designated by the law to recover compensation from a will, trust, or policy. Depending on the decedent, the beneficiary is typically a spouse, children, parents, or siblings.
Ways Damages Are Claimed in a Wrongful Death
Survival Action
The purpose of a survival action is to allow the deceased person’s estate to recover damages for the harm that was inflicted on the victim before their death. The estate sues for injuries or damages suffered by the decedent immediately before they died. In a way, the action is being initiated in their stead. After all, this is the compensation the victim would receive if they had survived the accident that took their life.
The beneficiaries of survival action compensation are:
Spouse
Children
Siblings
Parents
Extended family
The details that comprise a survival action are usually difficult for the victim’s loved ones to navigate. To build a case, it is necessary to examine the pain and suffering the victim endured as a result of the negligence that caused their wrongful death. For this reason, it is a good idea to contact a wrongful death attorney who can shoulder the burden of the details.
Wrongful Death Action
A wrongful death action is initiated by the family members of the victim of wrongful death. Unlike a survival action, this type of claim seeks to hold the at-fault party accountable for the victim’s death and to recover compensation for the losses suffered by the victim’s surviving family. This type of action functions to compensate the surviving family members for monetary loss, pain and suffering, funeral and burial costs, and more.
The beneficiaries that can claim compensation for a wrongful death case are the victim’s:
Spouse
Children
Siblings
Parents
Extended family
Beneficiaries of wrongful death action
The beneficiaries of the victim of a wrongful death may be entitled to compensation for losses.
Primary beneficiaries
The primary beneficiary in a wrongful death claim includes the surviving spouse, children, and parents of the victim. The primary beneficiary is typically the person or entity entitled to the largest share of the compensation awarded. These beneficiaries have the first claim to the compensation recovered from the wrongful death suit.
Secondary beneficiaries
Secondary beneficiaries may include other members of the family, such as siblings or grandparents, who were dependent on the deceased party for financial or emotional support. In some cases, a person who was not related to the wrongful death victim but was financially dependent on them may also be considered a secondary beneficiary.
How Is Death Compensation Calculated?
Death compensation, also known as wrongful death damages, is a type of financial compensation paid to the surviving family of a person who died due to someone else’s negligence or misconduct.
The specific calculation of death compensation can vary based on the jurisdiction and the circumstances of the case. Some general factors that may be considered include:
The age and health of the deceased person. A younger, healthier person may have a higher earning potential and more years of life left, which could result in a larger compensation award once lost wages are calculated.
The deceased person’s training, education, and earning capacity. The compensation may be calculated based on the deceased person’s income at the time of their death, as well as projected future earnings based on their training and experience.
Value of lost benefits (health insurance, pensions). If the deceased person was the source of the family’s health insurance, the surviving family members may now be left to purchase insurance. Further, the wrongful death lawsuit should also account for that cost as well as diminished pension funds or other retirement funds.
Medical bills for the decedent. If the deceased person incurred medical expenses before their death, those expenses may be included in the compensation award.
Funeral costs. The cost of the deceased person’s funeral and burial expenses may also be factored into the compensation award.
Loss of companionship and support. Members of the victim’s family may be compensated for the loss of their loved one’s emotional support, guidance, and companionship that they could have otherwise received.
Punitive damages. In some cases, a court may award punitive damages in addition to compensatory damages. Unlike compensatory damages, which are intended to compensate for actual losses or damages, the purpose of punitive damages is to punish the at-fault party for their misconduct and to deter such misconduct from happening in the future.
How Can a Wrongful Death Lawyer Help?
A wrongful death lawyer can provide legal representation and support to members of the family who have lost a loved one due to someone else’s negligence or misconduct. A lawyer can help in the following ways:
Investigate the circumstances of the death: gather evidence and investigate the circumstances surrounding the death to determine whether it was caused by the negligence or wrongful actions of another party.
Determine liability: establishing that another party was responsible for the death of the victim. Once liability is determined, a lawyer can identify potential sources of compensation to help the family.
File a wrongful death lawsuit: Once a lawyer gathers the appropriate and necessary information, they can sue for wrongful death on behalf of the family seeking compensation for damages such as medical bills, funeral expenses, lost wages, and pain and suffering.
Negotiate with insurance companies and other parties to ensure that the family reaches a fair settlement.
Represent the family in court: If a wrongful death settlement is not reached and the case goes to court, a lawyer can represent the family, advocating on their behalf to secure a fair outcome.
Schedule a Free Consultation with Our Wrongful Death Attorneys
If you’re in Maryland, Virginia, or Washington, DC and believe you have a wrongful death lawsuit, contact Regan Zambri Long for a free, no-obligation consultation. Our experienced and compassionate lawyers are here to answer your questions and help you navigate the often complex and overwhelming legal system.
Our attorneys are committed to providing comprehensive and effective legal representation to our clients. We have extensive experience with wrongful death suits, wrongful death settlements, and litigating your case if necessary. We understand this is a devastating time in your life and we are here to help you through this.
Wrongful death is a legal term used to describe a condition where a person’s death is caused by another party’s misconduct.
The family of the victim of wrongful death typically claims damages. The specifics of exactly who can make this claim, however, may vary according to the wrongful death statutes dictated by jurisdiction and state law in DC, Maryland and Virginia.
The purpose of a survival action is to allow the deceased person’s estate to recover damages for the harm that was inflicted on the victim before their death. The estate sues for injuries or damages suffered by the decedent immediately before they died. In a way, the action is being initiated in their stead. After all, this is the compensation the victim would receive if they had survived the accident that took their life.
Death compensation, also known as wrongful death damages, is a type of financial compensation paid to the surviving family of a person who died due to someone else’s negligence or misconduct.
A wrongful death lawyer can provide legal representation and support to members of the family who have lost a loved one due to someone else’s negligence or misconduct. A lawyer can help in the following ways: