The family of a woman who was struck and killed by a cargo van in Albemarle County, Virginia (VA) has filed a wrongful death claim against the driver for $2.5 million. The accident happened on November 13, 2012 when the woman crossed the street at the intersection of Putt Putt Place and East Rio Road. The van made a right turn onto East Rio Road when he hit the woman. After she was struck she was rushed to Virginia Medical Center, where she died two days later from her injuries. The family filed a wrongful death claim on January 28 due to, “Suffering severe mental anguish, sorrow, loss of solace, society, companionship, comfort, guidance and advice of the decedent as well as the loss of her company, counsel, and love.”
The claim states the driver, "Carelessly, recklessly, and negligently operate the cargo van in such a way so as to crash the van with great force and violence into the victim’s body as she crossed the street."
Here is a news video about the accident and wrongful death claim.
The Virginia Personal Injury Lawyers’ Perspective
This was a very tragic situation but a very clear picture of a wrongful death and the rights of family members left behind. Not every death can be considered a wrongful death; there are certain fundamentals that must be proven. To take successful civil action one must prove that the responsible party had a duty to act in a certain way, but failed to act according to that duty, and in doing so, caused the death of another party. It’s typical for evidence in a wrongful death suit to come from witnesses who can testify to what they saw or heard relating to the death. Another source of viable evidence is documentation such as medical reports, declarations from witnesses, and police reports. If the death is an issue of product liability, or a recalled defective product, an export testimony may be needed. In wrongful death lawsuits, the plaintiff must be able to prove that the actions of the defendant caused the plaintiff’s death by a preponderance of the evidence. A preponderance of the evidence simply means more than likely the defendant’s actions were responsible for the death.
The first step in any wrongful death claim is to contact an experienced Virginia (VA) wrongful death lawyer. This will allow you to learn your legal rights and help to determine if you may be able to take civil action. It’s wise to research lawyers to find a Virginia (VA) wrongful death lawyer with a great deal of experience and an excellent track record of success.
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