PERSONAL INJURY — Wrongful death
What You Need to Know About Wrongful Death
Losing a loved one is never easy, especially when their death was caused by someone else’s negligence. At W. Thomas Yi & Associates, we’re here to support you during this difficult time. Our experienced wrongful death attorneys have helped families across Virginia, Maryland and Washington D.C. get the justice they deserve. Contact us today to find out how we can help you.
THE BASICS
How Does a Wrongful Death Claim Differ from a Criminal Case
A wrongful death claim is a civil lawsuit filed by the personal representative of the deceased person’s estate to recover financial compensation. A criminal case is something different. It’s prosecuted by the state to punish the wrongdoer through imprisonment, fines, or probation.
A wrongful death claim focuses on recovering financial compensation for surviving family members. You may still pursue a wrongful death claim even if criminal charges are never filed or the defendant is acquitted.
What’s Necessary to Establish Your Wrongful Death Claim
Duty of Care
A duty of care is the legal obligation to act reasonably and avoid causing harm to others. For example, drivers must follow traffic laws and operate vehicles safely; property owners must maintain safe premises; employers must provide safe working conditions; and medical professionals must meet accepted standards of patient care.
If someone fails to uphold these responsibilities and causes the death of another person, they may be held accountable.
Causation of Death
Causation is often one of the most disputed elements in a wrongful death case. You must demonstrate that the negligence or reckless behavior of the person or organization caused the death in order to pursue damages.
For example, if a reckless driver caused a fatal crash, evidence must connect the driver’s conduct directly to the victim’s death. Insurance company attorneys often argue that outside factors contributed to the death in order to reduce or deny compensation. Our firm understands the emotional weight of these cases and presents strong, evidence-backed arguments to protect families from unfair settlement tactics.
Breach of the Duty of Care
A breach occurs when a person or entity fails to meet the duty of care they owed to the deceased. For example, engaging in behaviors such as drunk driving, speeding, distracted driving, failing to repair dangerous property conditions, or violating workplace safety rules.
Our wrongful death attorneys build evidence-backed claims designed to establish negligence and demonstrate liability. This evidence helps support a compensation claim for mental anguish, medical bills, burial costs, or loss of future income against the negligent party.
Damages Resulting from the Death
A wrongful death claim must demonstrate the economic and non-economic losses that the surviving family members suffered because of their loved one’s death. For example, recoverable damages include funeral and burial expenses, medical bills related to the fatal injury, and loss of the deceased person’s income.
Non-economic damages include loss of companionship, guidance, care, and support. Courts evaluate how the death affected the family’s financial stability and daily life when determining compensation. Work with our experienced wrongful death attorneys to pursue compensation. Receive a free case evaluation and pay nothing unless we settle or win your case.
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What damages are recoverable in a wrongful death action?
The jury in a wrongful death action will be instructed to award damages as may seem fair and just, and its verdict shall include, but may not be limited to, damages for the following:
Sorrow, mental anguish, loss of society, companionship, comfort, guidance, and advice of the decedent;
Compensation for loss of income of the decedent and services, protection, care, and assistance provided by the decedent;
Expenses for the care, treatment, and hospitalization of the decedent relating to the injury resulting in his or her death;
Funeral expenses; and
Punitive damages may be recoverable if the defendant’s actions rise to the level of willful or wanton conduct or if such recklessness evinces a conscious disregard for the safety of others.
You don’t need to have everything figured out
You don't need to know whether you have a case before calling. You only need to know that you were injured and have questions. We'll listen to what happened on the road, ask focused questions about the accident, and help you understand whether W. Thomas Yi & Associates can help you recover.
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Guidance When You Need It Most
Since 1994, W. Thomas Yi & Associates has proudly served the diverse communities of Washington, D.C., Maryland, and Virginia. Our attorneys understand the physical, emotional, and financial weight that a serious medical error places on a family, and we bring decades of personal injury experience to the pursuit of fair compensation for everything you have lost. The clearest way to learn whether your experience qualifies as malpractice is a conversation with an experienced attorney who can review the facts of your case.
We offer every prospective client a free, confidential consultation. As a multicultural, multilingual firm, we can assist clients in several languages so the details of your case are never lost in translation.