The legal definition of wrongful death is a death that is “caused by the wrongful act, neglect, or default” of another person or entity. The death can be the result of something as straightforward as an automobile accident, or as complex as a mechanical failure caused by an issue known to the manufacturer.
In the Commonwealth of Virginia, wrongful death lawsuits can be filed by family members or dependents of the deceased. The right to file is first held by the surviving spouse, children, and grandchildren. If there are none, parents and siblings of the deceased may file. In the absence of these, the person who would inherit the estate under state law would file. Virginia allows wrongful death claims to include compensation for sorrow and mental anguish, loss of the deceased’s companionship, lost wages and benefits as a result of the death, funeral and burial expenses, medical expenses incurred due to the death and punitive damages.
In the aftermath of the tragic loss of a loved one, you will be dealing with a variety of unexpected issues. Therefore, it is best to contact an experienced attorney immediately. The attorney will become your advocate and guide you through the process during this difficult time. They can remind you of things that are important to take care of right away such as requesting an autopsy, obtaining a death certificate, gathering your loved one’s medical records and gathering a list of heirs of the deceased. They will advise you against posting details or photos pertaining to the death to any of your social media pages. Finally, they will help you reach the best conclusion for you and your family.
With over 50 years of experience in wrongful death cases, Injury Law on Call is available to help you in your time of need. Call us today at 757-282-6800.
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