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Intestate Damages in Wrongful Death The surviving spouse will receive all the damages if there are no surviving parents or children. If there are surviving children, the spouse will be awarded two-thirds of the damages. The rest will go to the surviving children.
Washington, DC, defines wrongful death as a death following an injury that was ?caused by the wrongful act, neglect, or default of another person or corporation.? DC Code §16-2701.
In Washington, D.C., the statute of limitations for a wrongful death claim or survival action is two years from the date of the person's death. If the case is not filed before this deadline, recovery may be barred altogether.
Unlike a criminal case, which is brought by the government, in Washington, D.C., wrongful death lawsuits are brought by the personal representative of the estate of the deceased.
Injury victims may file lawsuits for their damages believed to be caused by the careless actions of the city and its employees but must follow certain protocols before a formal civil suit can be filed. Before taking any legal action, you should seek qualified legal counsel to for advise about your case about your case.