Wrongful Death Claims in Virginia
Money will never replace a family member who has died prematurely. But surviving family members should know that a wrongful death lawsuit may be brought against any person or corporate entity that caused the fatality through wrongful act, neglect or default. If a person is injured in a car accident, during a surgery, or because of a malfunctioning appliance, and dies as a result of the injury, the person’s family may have a claim for wrongful death against the negligent party. Other injuries that cause death may also result in wrongful death claims.
Wrongful death actions may arise out of any type of accident or carelessness, including:
- Fatal car and truck accidents
- Medical malpractice
- Nursing home negligence
- Dangerous and defective products
Wrongful Death Claims
Wrongful death claims in Virginia are based on state statute and are brought by and in the name of the personal representative of the deceased person. The purpose of the wrongful death statute is to compensate the family of the deceased for their loss and is not for the benefit of creditors.
How is an Award in a Wrongful Death Lawsuit Calculated?
If your lawyer successfully proves that the negligence of another person or company caused the death, then the next question relates to financial compensation.
In a wrongful death lawsuit, the amount of the award is based in part on an estimate of the financial loss that the immediate family or statutory beneficiaries will suffer as a result of losing a spouse or parent. Of course, the beneficiaries may also seek damages for sorrow, mental anguish, and solace which includes the loss of the society, companionship, comfort, guidance, kindly offices and advice of the decedent. Your lawyer will make a demand based on an estimate of some of the following:
- Loss of financial support over the projected normal lifetime (pecuniary loss)
- Loss of household help over a normal lifetime
- Sorrow, mental anguish and solace
- Medical and funeral expenses
Contact Our Fairfax County, Virginia, Law Offices
Our offices are led by attorney P. Clark Kattenburg, who has more than 35 years of legal experience. Mr. Kattenburg is a veteran of almost 100 jury trials and has been a personal injury trial lawyer since 1972.
To get answers to your questions about wrongful death lawsuits, we invite you to contact our offices to schedule an appointment. Call 703-591-1833 or send us an e-mail.
