District of Columbia Wrongful Death Laws

By Susan Buckner, J.D. | Legally reviewed by FindLaw Staff | Last reviewed September 18, 2024

Washington, D.C., like other states, has a wrongful death statute. The District of Columbia defines “wrongful death” as a death due to a wrongful act, neglect, or default such that the deceased person could have filed a tort action if they survived. Wrongful acts include intentional acts such as homicide and negligence.

In D.C., the surviving spouse, domestic partner, or next of kin are beneficiaries of wrongful death lawsuits. The executor or personal representative of the deceased’s estate must file the legal action.

Surviving family members who need to file a wrongful death suit should have a good wrongful death attorney and an understanding of D.C.’s laws.

D.C. Wrongful Death Laws

D.C. codes allow the survivors of a dead person to file a wrongful death claim. But the executor or administrator of the estate must file the claim. The court allocates damages to beneficiaries based on the court’s determination of each survivor’s percentage of loss.

Wrongful deaths, like personal injury claims, come from many causes:

Medical malpractice
Workplace accidents
Car accidents
Defective product liability
Intentional violent acts, including homicide

To prove a wrongful death case, claimants must show:

The wrongful act, neglect, or default caused the person’s death
The decedent could have filed a personal injury claim if they had survived

D.C. Wrongful Death Damages

In a wrongful death case, the claim gets filed on behalf of the surviving family members. Claimants may request economic and non-economic damages, sometimes called “pecuniary damages.” Survivors can recover for loss of financial support as well as other losses, such as:

Funeral expenses
Medical bills
Lost wages
Loss of companionship

Unlike some states, D.C. does not allow survivors to sue for pain and suffering or emotional distress. Punitive damages punish the responsible parties or make an example of them, so they seldom get awarded in wrongful death cases.

In a survival action, the estate sues the defendant on behalf of the victim. This resembles a personal injury case. The claimant may sue for medical expenses, lost wages, and pain and suffering before the victim’s death.

In a wrongful death action and a survival action, the recovery goes into the decedent’s estate for payment to the survivors. The difference is that the court allocates all money paid in a wrongful death suit by statute to the family and next of kin (D.C. Law § 16-2701).

Wrongful Death Claims Against the Federal Government

Cases naming the federal government as a defendant get filed in federal court under the Federal Tort Claims Act (FTCA). Under the FTCA, plaintiffs can file against the U.S.:

[W]here the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.

Statutes of Limitations

Under D.C. law, plaintiffs must file wrongful death cases within two years of the victim’s death. There is no alternate statute for criminal cases. D.C. has no damage caps for wrongful death suits.

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state laws before making any legal decisions.