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Who Can File For Wrongful Death In The DMV Area?

Would you like to pursue a claim for wrongful death in the DMV area? Contact Malloy Law Offices, LLC today!

Sadly, car crashes have caused almost 40,000 fatal accidents on average, every year in the United States. Even if your loved one was involved in a fatal accident, you can still receive justice. Wrongful death claims are generally brought against the defendant who is responsible for someone else’s death. Moreover, their causes can either be through negligence or from some sort of intentional actions. Each state has their own laws for wrongful death claims. These kinds of lawsuits are usually filed by a close family member of the deceased person. In addition, a primary beneficiary who was affected by the death.

Who Can File For Wrongful Death?

There are two categories or people who can file for wrongful death:

  • Primary beneficiary – The individual who is first in line to receive any amount of assets after someone’s death. This includes the spouse, child, or parent of the deceased person
  • Secondary beneficiary – If there are no primary beneficiaries, these individuals may be eligible for the remaining amount of assets. This could be anyone related by blood or marriage

What Are The Wrongful Death Laws In The DMV Area?

Maryland wrongful death statutes states that the surviving close family members of the deceased person has the right to file a lawsuit against the negligent party. Additionally, with any personal injury claim, there is a time limit of when to file legal action. For a wrongful death claim, lawsuits must be filed within three years of the date of the death.

Virginia law’s definition of “wrongful death” is death that is “caused by the wrongful act, neglect, or default” of another party. In fact, Virginia’s wrongful death law is unique. This law states that a wrongful death claim can be proceeded even if the action of death was a felony. The statute of limitations for wrongful death claims in Virginia is two years from the date of the deceased person’s death to file the lawsuit.

Washington, D.C. law refers to a wrongful death as the injury to a person that consequence in the death of that individual and is caused by negligence or wrongful act of another individual or organization. The action that caused the fatality has to be some sort that could have formed the basis of a personal injury claim such as slip and fall injuries, defective products, and motor vehicle accidents. Moreover, the survivors who are close to the deceased person have two years from the date of their loved one’s death to file a lawsuit.

Contact Our Attorneys Today!

Here at Malloy Law Offices, LLC, we understand the pain and suffer our clients experience when their loved one suddenly passes. When all hope seems lost, let us help you pick up the pieces. If you would like to see how our lawyers handle these cases, click here for more information. Also, call (888) 607-8690 for a free consultation.