Damage Caps Unfortunately, damage caps apply to
wrongful death and survival actions.9 Depending on when your cause of action arose and whether you have a medical or non-medical case, different caps will apply. Rather than recreating the ever changing caps, Robert Michael has given me permission to include his chart on both medical and non-medical caps in Appendix A at the end of this article.
District Of Columbia The District of Columbia recognizes
both wrongful death and survival ac- tions. The wrongful death action is for the financial loss suffered by the spouse, domestic partner, and next of kin who qualify as beneficiaries under the Wrong-
9
Courts and Judicial Proceedings § 11-108 and § 3-2A-09.
ful Death Act.10
Under the Wrongful
Death Act, the beneficiaries are not awarded damages for sorrow, mental distress, or grief, but can recover solely for financial losses.11
Evidence of gifts,
payment for school, or other financial support is the key to maximizing recov- ery under the wrongful death statute, so evidence showing the generosity of the deceased is important. Wrongful death damages also include the reasonable expenses of the last illness and funeral expenses and only these damages can be used to pay the debts and liabilities of the deceased. The other recoverable damages are for the benefit of the family and are distributed as such.12
Keep this
in mind when settling a case with major medical expenses as you might try to
10 11
D.C. Code § 16-2701; D.C. Code § 12-101.
Doe v. Binker, 492 A.2d 857 (D.C. 1985): D.C. Code § 16-2701 et. seq. 12 D.C. Code § 16-2703.
designate what part of a settlement is being recovered for medical expenses, thereby maximizing the amount paid to the beneficiaries. The Personal Representative is au-
thorized to recover for the decedent’s estate and not for any specific individual. Recoverable damages include decedent’s pain and suffering, financial loss as a result of the decedent’s injuries, medical expenses, and the amount of money the decedent would have accumulated over their normal lifetime.13 With respect to the amount of money
a decedent would have accumulated, you should provide evidence of the decedent’s age, education level, work history, and other factors, such as savings history or investment history to bolster this claim. Expert opinions on life ex- pectancy will prove helpful as well and you can use an economist to perform calculations.
Statute of Limitations The statute of limitations for survival
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Standard Civil Jury Instructions for the District of Columbia 14-3. 14 D.C. Code § 16-2702. 15 D.C. Code § 16-2802.
24 Trial Reporter Fall 2008
“Ajury consists of twelve” persons chosen to decide
actions is three (3) years and the statute of limitations for wrongful death cases is one (1) year.14
Medical Malpractice Notice of Intent to Sue
Under the law of the District of Co-
lumbia, you now have to provide written notice of the intent to file suit ninety (90) days prior to filing suit in a medical malpractice case.15
An intent to sue let-
ter is attached as Appendix B at the end of this article and it is a prerequisite to filing suit in a medical case.
Damage Caps There are no damage caps in the Dis-
trict of Columbia, but certain damages are excluded by law.
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