Washington DC Wrongful Death Lawyer

Why Hire an Attorney?

It is essential to get an attorney involved as early as possible in the case, whether it is a wrongful death or any other type of personal injury matter. The sooner you call an attorney, the better. A professional DC Wrongful Death Lawyer is going to have his staff open the file, and begin gathering any and all evidence necessary to prove the case. Wrongful Death cases, just like auto accidents, rise and fall on evidence. It is not enough to say – and believe – that a loved was killed by X. We have to be able to prove it.

Let us consider a car accident. Sometimes, the police do not do a crash reconstruction after a truck accident. Reconstruction requires a dedicated person, normally called a reconstructionist. The failure to have a certified reconstructionist work the wreck can be problematic as a civil case moves towards trial. A wrongful death attorney, such as Blaszkow Legal, will get our own reconstructionist to the scene immediately to take measurements, and preserve the details needed to win the case. One cannot rely on the police department to do this: their only concern is criminal/traffic court, not civil. What happens in one is not always admissible in the other.

Additionally, we want to interview witnesses as soon as possible. Memories fade over time. While the loss of your loved one may be etched in your mind, to a passer-by who had no idea some one died, the crash may diminish in their memory. We want to take statements from these people right away, to preserve this testimony.

It is our responsibility to prove negligence, and the longer that we wait, the harder that is.

Why Do People Pick Blaszkow Legal for Wrongful Death Cases?

Mr. Blaszkow has been practicing law for a long time, and in that time, he has worked some horrific wrongful death cases. These cases have come from car accidents throughout DC, and Virginia and Maryland, too. A good attorney can fight for his clients, and a great attorney can fight hard, without forgetting that his client has suffered a huge loss. Mr. Blaszkow is empathetic, and will fight the insurance companies who want to cut and run, by paying a small amount and moving on.

Mr. Blaszkow and his team know that clients, even those who have suffered a loss, want to be told the truth, no matter how hard. The truth is this: these cases are not quick, and they are not easy. Wrongful death cases, when prosecuted properly, can cost insurance companies and their clients millions of dollars. So the insurance companies and defense lawyers make it as hard as possible for Plaintiffs and their families to recover. The harder they can make it, the more likely it is that smaller firms and less experienced attorneys may balk, and walk away.

We are not so easily cowed. We have fought the biggest insurance companies for our clients.

Remember – the negligent company, or person, has consulted their own lawyer right away. So should you.

Does Blaszkow Legal work in DC?

Absolutely. Even though our office is in Northern Virginia, we represent Wrongful Death clients throughout the DMV – DC, Maryland, and Virginia. We have the ability to meet clients anywhere, and investigate any case.

We treat every case as if it is going to trial. We prepare rigorously, and constantly, so that when trial comes, we are ready to fight – and win!

What is a Wrongful Death?

Wrongful Death is a legal term, and attempts to put into organized thoughts and processes the immense pain and loss felt by those who have lost a loved one. No legal term can truly encapsulate what a grieving family is going through, however.

Wrongful Death is a claim that is had by loved one’s when someone dies as a the result of someone else’s negligence. This is a civil action, and completely independent of any criminal investigation or proceeding (if any). There are many kinds of wrongful death claims. Many of these stem from car accidents and truck accidents. People can be killed as pedestrians, too. Sometimes, these deaths do not involve motor vehicles, but businesses: falling debris from a construction site, slip and falls, and other tragic incidents.

When a loved one dies, emotions run high, and most family members – understandably – are only concerned with the process of grieving. But sometimes, not speaking to an attorney right away can have serious repercussions when the family has dealt with the grief, and wants to get justice for their lost loved one.

Here are some common pitfalls in trying to bring a wrongful death claim.

Mistake 1 – Waiting Too Long

One has to get a good attorney on the case right away. The longer you wait, the more chance you have of vital evidence and/or testimony disappearing, or merely being lost in the shuffle. Evidence comes in many forms, and includes pictures, witness statements, measurements, scene investigations, forensic examinations, and more.

As time passes, our memories change, or get clouded by other incidents. This happens frequently, and this includes to witnesses, even of tragic events. At Blaszkow Legal, we often find that Wrongful Death cases can be won or lost on good witness testimony. So it is essential that we get to work right away, so we can interview people who know something – anything – about the incident, and the facts surrounding it. We preserve these interviews it witness statements and affidavits, that may be used at trial.

Oftentimes, we have to reconstruct the scene of the accident or incident. This requires sending out a reconstructionist or other forensic expert to take measurements and a detailed analysis of the scene, so that complex calculations can be made, such as feet per second and such. However, as we know from living in a metropolitan area, things change. Lampposts can fall down or be moved, buildings get demolished, and the landscape of the city changes. The longer we wait, the more chance we have of something changing the area where the death happened, and defense attorneys can use this to allege that the entire reconstruction was based on a faulty premise.

Mistake 2 – Picking the Wrong Lawyer

Not all attorneys are the same. You would not get your nails done by your mechanic! Even within the realm of personal injury attorneys, some focus their practice on medical malpractice cases, and are unused to the facts that need to proven in, say, a wrongful death arising out of a DC Car Accident. It is important to find a good attorney who has worked wrongful death cases, and won.

Our attorneys at Blaszkow Legal PLLC have experience in handling many different types of wrongful death cases, from car and truck crashes, to motorcycle wrecks, to pedestrian strikes, and more.

Mistake 3 – Missing the Statute of Limitations

We understand that grief does not disappear over night. However, we have found that some clients have waited for more than 5 years to consult regarding the loss of a loved one. This is tragic, because any claim for wrongful death in Washington, DC has to be filed within the statute of limitations.

We have also seen that people do internet searches, and think that there is one statute of limitations in DC, with unfortunate consequences. It is true that the statute of limitations for DC car accident claims is three years. However, if that car accident resulted in a death, then the wrongful death claim has to be filed within two years. This is pursuant to the DC Wrongful Death Act of 2012 (DC Code § 16–2702).

Hiring a competent attorney as soon as possible will prevent the case from being denied and ignored, because a statute of limitations was “blown.”

Mistake 4 – Assuming That the Criminal Case Will Preserve the Civil Case

A person who causes a death because of, for example, a DUI, will be prosecuted criminally. If in DC, that prosecution will be done through the US Attorneys Office. Those attorneys, however, are only interested in prosecuting the offender, meaning they will work to get that person tried and convicted, and if possible, sent to jail. That prosecution is completely separate from a civil case. Because of the overworked DC Court System (between DC Superior Court and the US District Court for DC), these prosecutions can drag on for years.

A civil action is completely independent from a criminal case. Just because the US Attorneys Office is prosecuting the DUI driver in our example, does not mean that the civil statute of limitations is “tolled,” or held up. You must hire an attorney to represent your family’s interest in the civil case.

Conclusion

There are many things that can happen to delay, or interfere, with pursuing a Wrongful Death claim. Some of these are understandable. You want a compassionate, but experienced attorney to preserve your family’s rights so that you can grieve in peace, but be able to pursue the civil claim when you and your family are ready. Call Blaszkow Legal for a free DC wrongful death consultation (also Virginia and Maryland) today: 703-879-5910