Virginia Family Law Lawyers
Filing and arguing a wrongful death case can be very complicated and challenging. Though specific laws vary on a state by state basis regarding the elements of fighting a wrongful death case, the surviving family or loved ones must usually show:
- The defendant was either completely or partially responsible for the death of the victim.
- The defendant acted carelessly or negligently when they caused the death.
- The victim has surviving family or beneficiaries.
- The victim’s death has caused the family or beneficiaries to suffer financial losses, which can be compensated.
States also differ on who can file a wrongful death lawsuit. Some states only allow spouses or children to file a wrongful death lawsuit, while other states extend this right to other relatives who may have been dependent on the victim, but it is important to note that dependence is a key factor of who can file.
Wrongful death lawsuits can apply to any kind of deadly accident including car accidents, medical malpractice, or product liability cases. Compensation in a wrongful death case can include both economic and non-economic damages. Economic damages include the financial obligations and contributions of the deceased, as well as any medical or funeral expenses which may have been involved in their death. Non-economic damages are the more personal losses that follow losing a loved one, such as pain and suffering.
Of course, no amount of money can ever replace a loved one. However, their loss should not also be a financial burden on those who cared for them. As the specifics of the law can be over whelming, especially while grieving for the loss of family, the best thing to do after losing a loved one in an accident is contact an experienced and skilled wrongful death attorney in your area and present your case to them. Your wrongful death attorney will look at the factors of your case and will hold the negligent person responsible for your loved one’s death, and will ensure that you are compensated as much as possible for your irreplaceable loss.