What Are the Four Elements of a Wrongful Death Claim?

Virginia (VA) Wrongful Death Lawyers
Offices in Virginia Beach, Hampton & Elizabeth City, NC

When you lose a loved one, the last thing on your mind is going to court with a wrongful death claim. The stress and emotional toll a family member's sudden or unexpected death can be traumatic, to say the least, and filing a wrongful death claim can only add to those traumas.

However, if your loved one died due to the negligence of someone else, you deserve to find justice and be compensated for your loss. There is nothing you can do to bring your loved one back, and no amount of money you recover wil ease the pain, but you can get back the financial security that your loved one provided if you are a member of his or her immediate family. You can recover damages for funeral expenses, pain and suffering, anticipated future earnings, medical treatment expenses, loss of benefits, loss of inheritance and punitive damages.

Learn more about wrongful death case by checking out these articles:

How you do succeed when bring a wrongful death claim in Virginia, West Virginia, North Carolina, South Carolina or Washington, DC? Very basically, you have to prove the following four points:

The death was caused, either in whole or in part, by the defendant.
The death came about because the defendant was negligent or strictly liable for the death. This means, for example, you can't file a wrongful death suit against your loved one's doctor if your loved one died of cancer unless the doctor did not take the normal and necessary steps that doctors take when battling a patient's cancer.
The death affected a surviving spouse, child or children who were beneficiaries or dependents of the victim. That is, the death of the victim must have personally damaged an immediate family member who can collect compensation.
The death of the victim must have resulted in monetary damages.

Laws differ from state to state, of course, so this is just a very general outline for determining wrongful death. If you think you may have a wrongful death claim, you should contact an experienced attorney as soon as possible.

About the Editors: Shapiro, Lewis & Appleton is a Virginia injury law firm whose attorneys focus on personal injury and accident law and have experience handling wrongful death cases. We have offices in Virginia Beach and Hampton, VA, but we're ready to come to you anywhere in Virginia if your family member or loved one was killed as a result of someone else's carelessness.

Rick Shapiro and James Lewis have been named to the National Million Dollar Advocates Form since 2009 and listed among the Best Lawyers in America since 2008. Shapiro and Lewis have also been named Virginia Super Lawyers for Personal Injury Law since 2010. Fewer than 5 percent of lawyers are chosen for this professional honor. In addition, ours was the first injury law firm in Virginia to join Primerus, a select group of highly ethical and respected law firms.

Our VA personal injury firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill.

While not every injury case meets our criteria, we offer free initial confidential case consultations, so call us toll free at (800) 752-0042. If you cannot get through due to high call volume, please leave a voicemail so we can return your call.

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What Are the Four Elements of a Wrongful Death Claim?