Washington, D.C. Wrongful Death Lawyer – Gregory Stuck, Esq.

When a Family Loses Someone in the District

A death case asks a family to grieve and make legal decisions at the same time. The role of counsel is to carry the legal fight completely, with straight answers about the process, so the family can focus on each other.

Two Claims, Two Clocks

D.C. death cases involve two distinct claims, both brought by the personal representative. The wrongful death claim under D.C. Code 16-2701 compensates the family’s own losses and must be filed within two years of the death. The survival claim preserves what the person themselves endured, including pre-death pain and suffering, on a three-year clock from the injury. Coordinating both correctly, and not letting the shorter deadline slip while the longer one lulls, is foundational.

The Contributory Negligence Problem

The District’s complete-bar fault rule applies in death cases too: the defense will argue the person who died was even slightly careless, and the person best positioned to answer is gone. That makes early scene evidence, witnesses, and reconstruction more important in D.C. than almost anywhere else. Where a motor vehicle struck a pedestrian or cyclist, the vulnerable user statute changes the rule in the family’s favor.

No Caps

The District imposes no statutory cap on compensatory damages. If the District government itself bears responsibility, written notice within six months is mandatory. The authorities are collected in the Washington, D.C. Law Reference.

Talk to Us

Gregory Stuck is admitted in the District of Columbia. The consultation is free and the conversation is confidential. Call (407) 630-8692.

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