What does a Wrongful Death Action Mean?
A leading to a person’s death due to neglect, default, or an unjustified act, is defined as a wrongful death. However, a filing, called a wrongful death action, could be made by the person’s family on the offender that caused the death.
What Can be Recovered Through a Wrongful Death Action?
The support lost, the loss of income, punitive damage (cases with recklessly dangerous behavior), any reasonable expenses relating the funeral, hospital bills, medical fees, and any emotional loss, trauma, and/or pain are some compensations that the person’s family may recover.
Who can do the Filing of a Wrongful Death Action?
The people that are eligible for the filing of a wrongful death action are known as statutory beneficiaries. The deceased person’s siblings and parents, relatives that depended on the deceased person, relatives that were living with the deceased person, relatives that were supposed to or were entitled to inherit, under the Virginia law, from the deceased person, spouse of the deceased, and/or children and/or the deceased person’s children and/or grandchildren.
How Long Can Someone Take Before Filing a Wrongful Death Action?
In Virginia, family members can file a wrongful death action within a time period of two years, as stated by the Virginia law. Furthermore, if the family doesn’t file the wrongful death action within that time period then they won’t be able to afterward.
How can the Determining of the Damages be made in Virginia?
The determination of the damages made in a wrongful death case is very complicated. In order to determine the person’s lifetime income then the amount of money that the person made within the prior five years, the age of the person, the profession of the person, and the education of the person would have to be found. Also, they must determine the amount of services that that person made or contributed to the household. Moreover, the benefits that that person made, such as insurance, should also be taken to account.
When and Why should Someone Hire an Attorney while Pursuing a Wrongful Death Case?
Firstly, an attorney is hired due to the fact that a wrongful death case can be very complex, especially when determining damages and beneficiaries. Furthermore, if a family hires an attorney then their lawyer and their insurance company would be forced to only work with the attorney. Also, the family risks not taking or collecting everything that is owed to them under the Virginia law if they don’t hire an attorney.
Secondly, the family won’t have a long time to file a wrongful death action in Virginia, due to the two-year statute of limitations, so the family should hire an attorney as soon as possible. Moreover, an investigation can begin of the family hire an attorney as soon as possible and the evidence has less of a chance of disappearing. Additionally, there is less of a chance for any witnesses to forgot what happened.
If you need a Virginia Wrongful Death Lawyer to help you with your Wrongful Death case in Virginia, call us at 888-437-7747. Our Virginia Wrongful Death Attorneys can help you.