[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.marksandharrison.com\/blog\/survival-actions-in-washington-dc\/#BlogPosting","mainEntityOfPage":"https:\/\/www.marksandharrison.com\/blog\/survival-actions-in-washington-dc\/","headline":"Survival Actions in Washington DC","name":"Survival Actions in Washington DC","description":"Survival actions in Washington DC are personal injury lawsuits that survive someone\u2019s death. These claims let the deceased\u2019s estate seek compensation for the deceased\u2019s losses from the time of injury until their death. You can file a survival action and wrongful death claim simultaneously. If someone in your family died due to someone else\u2019s negligent […]","datePublished":"2025-03-31","dateModified":"2026-04-02","author":{"@type":"Person","@id":"https:\/\/www.marksandharrison.com\/blog\/author\/marksandharrison\/#Person","name":"Marks & Harrison","url":"https:\/\/www.marksandharrison.com\/blog\/author\/marksandharrison\/","identifier":7,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/5f19b40a73ab49e8af765493aafa8c5651a274c64ede1000eb57bb6a971fb6c8?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/5f19b40a73ab49e8af765493aafa8c5651a274c64ede1000eb57bb6a971fb6c8?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Marks & Harrison","logo":{"@type":"ImageObject","@id":"https:\/\/www.marksandharrison.com\/wp-content\/uploads\/2026\/01\/logo.png","url":"https:\/\/www.marksandharrison.com\/wp-content\/uploads\/2026\/01\/logo.png","width":235,"height":87}},"image":{"@type":"ImageObject","@id":"https:\/\/www.marksandharrison.com\/wp-content\/uploads\/2025\/03\/in-deep-sorrow.jpg","url":"https:\/\/www.marksandharrison.com\/wp-content\/uploads\/2025\/03\/in-deep-sorrow.jpg","height":667,"width":1000},"url":"https:\/\/www.marksandharrison.com\/blog\/survival-actions-in-washington-dc\/","about":["Wrongful Death"],"wordCount":1102,"articleBody":"Survival actions in Washington DC are personal injury lawsuits that survive someone\u2019s death. These claims let the deceased\u2019s estate seek compensation for the deceased\u2019s losses from the time of injury until their death. You can file a survival action and wrongful death claim simultaneously.If someone in your family died due to someone else\u2019s negligent actions or carelessness, you may have the right to seek compensation through a wrongful death claim and a survival action. The Washington DC wrongful death lawyers at Marks & Harrison are ready to advise you about the best course of action in your situation.Contact us now for a free consultation with a Washington DC survival action attorney at our law firm.How Is a Survival Action Different from a Wrongful Death Claim in DC?Survival actions and wrongful death claims either aim to compensate a person\u2019s family or estate after their death, but they work differently and serve distinct purposes.A survival action is a lawsuit by the deceased\u2019s estate to seek compensation for the losses the deceased suffered from the time they were injured until they died. It is essentially the personal injury claim the deceased could have brought if they had lived.A wrongful death claim is a legal action by someone\u2019s family to seek compensation for the harm they\u2019ve suffered due to the wrongful death of a family member, such as funeral expenses and lost earnings.A \u00a0survival action and a wrongful death claim can be pursued at the same time to hold the liable parties fully accountable for their actions and seek fair compensation.For example, suppose someone sustains severe injuries in a collision with a drunk driver and dies a week later. In this scenario, the deceased\u2019s family may have cause for a wrongful death claim against the drunk driver because the driver broke the law and caused the deceased\u2019s fatal injuries. The deceased\u2019s estate might also have cause for a survival action to seek compensation for the deceased\u2019s lost income, medical bills, and other losses during the week after the crash but before they died.Who Can Be Held Liable in a DC Survival Action or a Wrongful Death Claim?DC Code \u00a7 16-2701 defines a wrongful death as any death resulting from \u201cthe wrongful act, neglect, or default of a person or corporation.\u201d Therefore, any person, business, or other entity whose wrongful actions or carelessness caused someone\u2019s death could be liable in a survival action or wrongful death claim.Some examples of parties who might be liable in a survival action include:Drivers who cause fatal crashes by speeding, driving while intoxicated, driving while distracted, or engaging in other negligent driving behaviorsDoctors who commit medical malpractice and cause fatal injuries or illnesses to their patientsManufacturers of defective products that cause fatal injuries or illnessesNegligent property owners who fail to address potentially fatal hazards on the premisesSomeone who assaults, stabs, or shoots another person, causing their deathWho Can File a Washington DC Survival Action?DC Code \u00a7 12-101 is the statute governing survival actions in Washington DC. The law dictates that the legal representative of the deceased\u2019s estate is the only person entitled to file a survival action.In many cases, the legal representative is someone the deceased named in their will. If the deceased did not name anybody,, the courts can appoint someone to serve as legal representative. Heirs and next of kin, such as surviving spouses or children, can \u00a0serve as legal \u00a0representatives of a family member\u2019s estate.What Must Be Proven for a Successful Survival Action?To win a survival action, you must prove that a person, business, or other party caused your family member\u2019s injuries through their negligent or intentional acts. In this context, negligence means someone failed to take reasonable precautions to prevent an accident, such as a distracted driver who hits a pedestrian.Some types of evidence you can use include the following examples:Police reports \u2013 In cases related to vehicle crashes or violent crimes, police reports may contain the investigating officer\u2019s notes about how the incident occurred and who caused it.Surveillance or traffic camera videos \u2013 Traffic and other surveillance cameras sometimes record accidents and those who cause them.Eyewitness accounts \u2013 Eyewitness testimony can bolster a survival action by providing a neutral perspective on what happened.Photos of the accident scene \u2013 Photos from the scene of an accident can provide compelling proof of negligence.Analysis from expert witnesses \u2013 Experts in relevant fields can analyze facts about the accident and testify about their conclusions regarding who caused the accident and how.You\u2019ll also need proof of your deceased family member\u2019s losses from the date of the accident until their death. Their medical bills and pay stubs can help you prove their medical expenses and lost income, while their medical records, eyewitness accounts, and expert testimony can shed light on their pain, suffering, and emotional distress.Our Washington DC wrongful death and survival action lawyers are ready to find and preserve evidence to help you make a strong case.What Types of Damages Are Recoverable in Survival Actions?Compensation in a Washington DC survival action is based on the deceased\u2019s losses from the date of their injury or illness onset until their death. Depending on the deceased\u2019s injuries and other factors, their estate can recover compensation for:The deceased\u2019s medical billsThe deceased\u2019s lost wages and other financial lossesThe deceased\u2019s pain and sufferingThe deceased\u2019s conscious emotional distressIs There a Time Limit for Filing a Survival Action Claim in DC?DC Code \u00a7 12-301 allows three years for the legal representative of the deceased\u2019s estate to file a survival action in\u00a0 Washington DC. The time period on a survival action generally begins to run on the date of the decedent’s injury, and not on the date of the decedent’s death. You should speak to our attorneys right away so we can preserve essential evidence and secure eyewitness testimony.Contact a Washington DC Wrongful Death LawyerSince our founding in 1911, Marks & Harrison has recovered millions of dollars for our clients. We have 30 attorneys and over 100 support personnel to handle your survival action and wrongful death lawsuit and take on the insurance companies. We\u2019ll handle the legal process while you work through your grief and spend time with loved ones.Call now or complete our contact form for a free consultation about your family’s legal options after your loved one’s death."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.marksandharrison.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Survival Actions in Washington DC","item":"https:\/\/www.marksandharrison.com\/blog\/survival-actions-in-washington-dc\/#breadcrumbitem"}]}]