Table of Contents
Introduction
Losing a loved one can be an overwhelming experience that leaves you without direction. While nothing can truly make up for the loss of a loved one, Virginia has laws in place that allow surviving family members to seek compensation for the loss they’ve suffered. This compensation can help cover the costs incurred as a result of the wrongful death and provide some level of financial stability during a difficult time.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit that is filed when someone passes away as a direct result of someone else’s negligence, recklessness, or intentional act. This type of claim is typically brought by the family members or loved ones of the deceased. Note that criminal charges may still be filed by the state in cases where a wrongful death has occurred.
Who Can Bring a Wrongful Death Claim?
In Virginia, only certain individuals are permitted to bring a wrongful death claim. Typically, this includes immediate family members who were financially dependent on the deceased or who suffered a direct financial loss as a result of the death. These individuals may include:
- Spouses
- Children
- Parents
- Siblings
- Grandparents
- Any other person who has legal claim to the deceased’s estate
What Compensation Is Available in a Wrongful Death Claim?
When filing a wrongful death claim in Virginia, there are several types of compensation that surviving family members may be eligible for. These may include:
Economic Damages
Economic damages are intended to compensate the surviving family for any financial losses they’ve incurred as a result of the death. This may include things like:
- Loss of wages or income
- Funeral expenses
- Medical expenses
- Loss of benefits (such as healthcare or pensions)
Non-Economic Damages
Non-economic damages are designed to compensate the surviving family for any emotional or psychological pain and suffering that was caused by the death. Note that non-economic damages are typically harder to quantify and may vary based on the specific circumstances of the case.
Punitive Damages
In some cases, punitive damages may be awarded in addition to economic and non-economic damages. Punitive damages are intended to punish the responsible party for their negligent or reckless actions. These damages are not awarded in every case and typically require a high level of misconduct on the part of the responsible party.
Statute of Limitations
It’s important to note that there is a statute of limitations for wrongful death claims in Virginia. This means that the claim must be filed within a certain timeframe after the death occurred. In Virginia, the statute of limitations for wrongful death claims is two years from the date of death.
Get Legal Help
If you’ve lost a loved one due to someone else’s negligence, it’s important to seek legal help as soon as possible. A wrongful death attorney can help guide you through the process and ensure that you receive the compensation you’re entitled to. Remember, no amount of compensation can make up for the loss of a loved one, but it can help ease the financial burden and provide some level of comfort during a difficult time.