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Wrongful Death FAQs
What is a wrongful death? A wrongful death is a death that is caused by the negligence or misconduct of an individual or company.
Who are to be considered the survivors of a victim of wrongful death? The survivors of a wrongful death victim may vary from state to state, but in general usually include the spouse and minor children.
What compensation can be claimed in a wrongful death case? Compensation may vary by state or jurisdiction but in general the law provides for the following:
Expenses incurred by the death of the victim (funeral, medical, etc.)
Loss of future earnings anticipated over the lifetime of the victim.
Benefits lost due to the victims death (medical insurance, pension, 401K, etc.)
Survivors pain, suffering and mental anguish caused by the victims death.
Companionship, care or protection lost to the survivors as a result of the death.
General and punitive damages.
Who can file a wrongful death claim? This depends on individual state law, but in general the immediate family members (spouses, children and parents) can file a wrongful death claim. Some states allow grandparents, legal dependants and extended family members to file.
When must a wrongful death lawsuit be filed? Every state has its own ‘statute of limitation', which is the maximum allowable time in which to file. After this time a claim may be denied. It is important that you speak with a lawyer as soon as possible to insure your rights.
Who cannot be sued? A family member cannot sue another family member for wrongful death.
If you have suffered personal injuries or emotional
distress due to the negligence of product makers in Virginia, contact
our wrongful death lawyer now and obtain a free case evaluation.
Did You Know?
Wrongful death damages depend upon certain conditions.
Wrongful death damages usually depend upon the relationship of the plaintiff to the deceased.Specific wrongful death damages available to parents include loss of companionship and mental anguish caused by their childs death.Damages for spouses will also include potential financial contributions from the deceased.
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The General Duty Clause
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Definition:
An action which may be brought for the purpose of restraining the threatened infliction of wrongs or injuries, and the prevention of threatened illegal action; case in which payment of money damages will not be adequate compensation.
Defendant
Definition:
The party being sued or the party accused of committing the offense charged.
Action
Definition:
A civil judicial proceeding whereby one party prosecutes another for a wrong done or for protection of a right or prevention of a wrong; requires service of process on adversary party or potentially adversary party.
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