When we get into our vehicles to perform our day to day activities we usually don’t imagine that something catastrophic will happen. This is especially true when we buckle our children into the car for a trip to the grocery store or the doctor. Unfortunately for a woman and her four-year old child in Isle of Wight their trip was cut short when a pick-up truck cut them off. They were both transported to the hospital with minor injuries. Sadly two other passengers in the van did not fare as well and suffered serious injuries. Humberto Gutierrez-Fuentevilla (Daily Press) died at the hospital. The driver of the pick-up truck was charged with reckless driving.
Now the family is left to pick up the pieces. As Virginia wrongful death injury lawyers we are often asked what a family member or spouse of someone who was killed in an accident that wasn't their fault are entitled to. Although money is a paltry excuse for a lost loved one it can help in many capacities. This monetary compensation is for the loss you've suffered and could include:
· Funeral expenses and burial expenses.
· Medical bills accumulated after the accident but before the death.
· Loss of support and other monetary losses.
· Loss of future income.
· Loss of medical benefits, retirement benefits, and other benefits.
· Loss of companionship and affection as well as other emotional damages.
So, what is the first step to filing a Virginia wrongful death claim? To obtain the damages mentioned above we must prove negligence on the part of the at-fault individual. Negligence is defined as the "failure to use ordinary care." Basically, this means that the at-fault person or company acted in a way that was different from the way an ordinary person or company would act. It also means that the at-fault person or company failed to act when they had a responsibility to do so, and their lack of action caused the death of your loved one.
You can learn more about how to claim in the event of a wrongful death here.