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Ing to D.C. Code § 12-309, ?[a]n action may not be maintained against the District of Columbia for unliquidated damages to person or property unless the claimant, his agent, or attorney, has given notice within six months after the incident in writing to the Mayor of the District of Columbia or ORM detailing the ...
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.
Wrongful Death: There are no damages caps for wrongful death claims in the District of Columbia. Personal Injury and Medical Malpractice: There are no damages caps for personal injury or medical malpractice claims in the District of Columbia.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
Punitive damages are typically awarded in cases that involve criminal acts or intentional torts. The plaintiff must prove by clear and convincing evidence that the defendant acted with a state of mind evidencing malice. Ordinary negligence does not justify the payment of punitive damages.
Under D.C.'s wrongful death act, the deceased person's personal representative is obliged to file a lawsuit within two years of the date of the person's death. If a suit is not filed within this timeframe, the victim's family will forego the right to receive any financial compensation for their loss.
If you have a loved one who passed away as a result of an injury or accident that involved the misconduct or negligence of a company or individual, you may be able to file a wrongful death lawsuit against those who were responsible for your loved one's death.