Wrongful Death Lawsuits in the District of Columbia

If a family member has been killed because of someone else's wrongful act--for example, by a careless driver or medical malpractice--you may be entitled to seek compensation. Like each of the 50 states, the District of Columbia allows a wrongful death claim against the person (or people) responsible for the death.

The District's laws cover what you must prove to win your case, who's allowed to sue, and how compensation is calculated and distributed. There are also crucial deadlines for filing your case in court. The rules for these cases can be complicated, and it's important to understand how D.C. law applies to your situation.

What Is "Wrongful Death" in Washington, D.C.?

The District of Columbia defines a "wrongful death" as one that is "caused by the wrongful act, neglect, or default of another person or corporation." In other words, a wrongful death claim can arise when one person dies due to the legal fault of another person or entity—for example, because of:

• an accident caused by negligence (such as a car accident)
• medical malpractice, or
• an intentional act.

(D.C. Code § 16-2701 (2025).)

A Wrongful Death Might Also Be a Crime

In some cases, someone could face criminal charges and a wrongful death lawsuit for the same act. For example, someone who intentionally kills another person could be charged with murder, and also face a civil lawsuit for wrongfully causing the victim's death.

If the death was accidental, the person who caused it could still face a wrongful death lawsuit over their negligent actions even if they are not charged with a crime. However, sometimes someone's behavior is so reckless that they can be criminally liable even though they didn't intend to hurt anybody. For example, someone who causes a fatal car accident because of reckless or impaired driving could be charged with vehicular manslaughter. (D.C. Code § 50–2203.02 (2025).)

Proving Liability in a Wrongful Death Case

In a wrongful death case, the plaintiff must prove that the defendant's irresponsible or intentional act caused the victim's death. The specifics of what the plaintiff must prove will differ depending on the kind of case they file. For example, in a negligence case the plaintiff must prove that the defendant's irresponsible behavior directly led to the victim's death.

In a civil lawsuit, the defendant's liability must be shown only "by a preponderance of the evidence." This means the plaintiff must show that it is more likely than not that the defendant caused the victim's death through negligence, an intentional act, or some other legal fault. This civil standard is much less demanding than the standard in criminal cases, where the prosecution must prove the defendant's guilt "beyond a reasonable doubt."

Learn more about how to prove a wrongful death civil lawsuit.

Who Can File a Wrongful Death Lawsuit?

A wrongful death case may be brought to court if the deceased person could have filed a personal injury lawsuit based on the wrongful or negligent conduct that caused their death. In other words, a wrongful death case is like a personal injury case in which the injured person (the deceased) is no longer able to bring the claim on their own behalf. Instead, someone else must step in and file the lawsuit.

In some jurisdictions, the deceased person's family members are eligible to file a wrongful death lawsuit. In Washington, D.C., though, the personal representative (sometimes called an "executor") of the deceased person's estate must file the wrongful death claim.

An executor's job is to "wrap up" a deceased person's finances. This includes tasks like locating the deceased's assets, ensuring their property is distributed according to their wishes, and paying any outstanding bills or taxes. If the deceased died because of someone else's careless or intentional act, then the executor is also responsible for pursuing any legal action.

Naming an executor is an important part of estate planning, and people often name their spouses or children to serve in the role. But if the deceased did not have a will or any other estate plan, then the court may appoint an executor or administrator. A court-appointed executor may also serve in place of a named executor or administrator who cannot serve in the role.

(D.C. Code § 16-2701(a) (2025); D.C. Code § 16-2702 (2025).)

Who Gets Compensated in a D.C. Wrongful Death Case?

In the District of Columbia, damages in a wrongful death case can be awarded to:

• the deceased's spouse or domestic partner, and
• the deceased's next of kin (the legal term for close relatives).

Compensation is split based on each recipient's individual damages. Those damages can include:

• funeral and burial expenses
• medical bills, including emergency care, related to the deceased's last illness or injury
• an estimate of the deceased's future earnings, and
• the value of services that the deceased would have provided surviving family members (including things like care, education, and advice).

Unlike some jurisdictions, the District of Columbia does not cap the amount of damages plaintiffs can receive in a wrongful death case. However, survivors in a wrongful death claim may not seek damages for mental distress, grief, or anguish. In addition, plaintiffs in a wrongful death case cannot recover damages that were already awarded to the deceased while they were alive. A trial court or appellate court can reduce an award if they decide it is excessive.

(D.C. Code § 16–2701 (2025); D.C. Code § 16–2703 (2025).)

Seeking Compensation Through a "Survival Action"

A wrongful death lawsuit compensates surviving relatives for some of the losses they've suffered. But the District of Columbia also allows so-called "survival actions." A survival action gets its name because it is based on a claim that survives after the claimant dies. In this situation, an executor can seek damages on behalf of the deceased person's estate.

In a survival action, the deceased's estate can seek compensation for:

• the pain and suffering the person suffered from the moment of their injury to their death, and
• the deceased's net estimated future earnings.

Note that any compensation for future earnings is reduced by:

• the deceased's estimated living expenses, and
• any amount that can be recovered through a wrongful death claim.

Importantly, compensation received through a survival action is paid to the deceased's estate, not directly to surviving family members. So, the deceased's will (or other estate planning documents) will determine who receives money from any settlement or award. If the deceased died without a will, then compensation will be distributed according to D.C.'s rules for intestate succession.

These rules for distributing damages are one of many reasons people should plan ahead for the possibility that they might die or be incapacitated--even if it seems very unlikely right now. It's important to discuss your wishes with your loved ones, and to have wills and other legal documents that clearly express your intentions.

(D.C. Code § 12–101 (2025); Robinson v. D.C., 130 F. Supp. 3d 180, 188 (D.D.C. 2015).)

How Long Do I Have to File a Wrongful Death Claim in Washington, D.C.?

Laws called "statutes of limitations" set deadlines for filing civil lawsuits. These deadlines vary depending on the type of case and where it's being filed. In the District of Columbia, the deadline for wrongful death claims is two years from the date of the person's death. If the case is not filed before this deadline, the deceased's executor will very likely lose the right to file the case at all.

The statute of limitations for survival actions is different. An executor has three years from the date the deceased was injured to file a survival action on behalf of the estate. So, for example, if someone is injured in a car accident, and passes away from their injuries six months later, the deadline is measured from the date of the accident—not from the date of death.

(D.C. Code § 16-2702 (2025); Arrington v. D.C., 673 A.2d 674 (D.C. 1996).)

Getting Help With Your Wrongful Death Claim

If you're considering a wrongful death lawsuit in Connecticut, it's a good idea to consult a personal injury attorney. Wrongful death claims can be complicated. An attorney with experience handling these kinds of cases should be able to learn the details of your situation, explain your legal options, and help you decide how to proceed.