Who Can File a Wrongful Death Claim in DC? Legal Rights of Family Members Explained

Losing a loved one because of someone else’s negligence is devastating, and the legal process that follows can feel overwhelming. In Washington, DC, wrongful death laws determine who can bring a claim, what compensation may be available, and how the case must be handled. Understanding these rules is essential for families seeking justice and financial stability after a tragic loss.

What Is a Wrongful Death Claim in DC?

A wrongful death claim is a civil action filed when someone dies because of another party’s negligent, reckless, or intentional actions.
In DC, these claims are meant to compensate surviving family members for losses such as:

• Lost income or financial support
• Loss of companionship, guidance, or care
• Funeral and burial expenses
• Emotional pain and suffering

Because the impact of a wrongful death is so significant, DC law outlines strict rules for who may file the claim—and how.

Who Is Allowed to File a Wrongful Death Claim in Washington, DC?

The Personal Representative Files the Claim

Under DC law, the personal representative (PR) of the deceased person’s estate must file the wrongful death claim.
This individual may be:

• The executor named in the will
• A person appointed by the court if there is no will

Although the PR files the claim, the compensation goes to the surviving family members, not the representative.

Who Can Receive Compensation in a DC Wrongful Death Case?

DC law specifies which relatives are eligible to recover damages.

– Primary Beneficiaries

The following individuals have priority:

• Spouse or domestic partner
• Children, including adopted children
• Parents, if no spouse or children survive

They are considered first because they typically suffer the greatest emotional and financial losses.

– Secondary Beneficiaries

If no primary beneficiaries exist, other dependent relatives may qualify, such as:

• Siblings
• Grandparents
• Other family members financially dependent on the deceased

How Compensation Is Divided

Compensation is not automatically split evenly. Instead, courts evaluate:

• The closeness of each family member’s relationship
• The degree of financial dependence
• The emotional impact of the loss

If the family cannot agree on distribution, the court will make a final determination.

Wrongful Death vs. Survival Action in DC

A wrongful death claim compensates family members for their losses.
A survival action compensates the estate for losses suffered by the victim before death, such as:

• Medical bills
• Conscious pain and suffering
• Lost wages between injury and death

Both actions can be filed simultaneously because they serve different purposes.

How Long Do You Have to File?

In Washington, DC, the statute of limitations for a wrongful death claim is: 2 years from the date of death. Missing this deadline can prevent the family from recovering compensation, making early legal action critical.

Roeser Law Firm: Wrongful Death Lawyers

Our goal at the Roeser Law Firm is to help families who have lost a loved one to wrongful death obtain the compensation they deserve. Please call (202) 660-4070 for a free, no-obligation consultation. In addition to answering your questions, we can explain the process, advise you on whether to pursue litigation or represent you before the insurance company. For your convenience, you may also contact us online.