Wrongful Death in VA Archives - Page 3 of 6 - Shapiro, Washburn & Sharp
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My wife died in a car accident in Virginia. Am I entitled to bring a wrongful death claim against the driver who caused the accident?

Yes. This strikes at the very core of a wrongful death claim. If the other driver was negligent in causing in causing the accident, then the personal representative of the person who died may bring a wrongful death suit against the driver who caused the accident. In a successful case, the money awarded will go to the beneficiaries, which includes you as the husband. 

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My husband died from injuries in a Virginia car accident. What damages may I claim in a wrongful death case?

As the beneficiaries of a wrongful death award in a civil lawasuit, the deceased victim’s survivors can receive monetary damages for sorrow; mental anguish; loss of solace (e.g., companionship, comfort, guidance, advice); lost income, services, protection, care and assistance. Damage awards may also constitute compensation for medical treatment, hospital, and funeral expenses incurred by the plaintiffs as a result of the defendant’s negligence and before the victim’s death. Last, punitive damages may be awarded to the beneficiaries in a wrongful death case to punish the wrongdoer and deter others from acting similarly. However, such exemplary penalties can only be assessed If the actions of the person who caused the victim’s wrongful death can be shown to have been willful, wanton or extraordinarily reckless.
Punitive damages are awarded in addition to any other types of wrongful death damages and monetary compensation.

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My husband planned on filing a personal injury lawsuit after he was severely injured by a negligent surgeon in Virginia (VA), but he soon died as a result of his injuries. How will filing a wrongful death suit change the damages that may be recovered?

In addition to the lost income that your husband would have earned had the injury not occurred and the expenses for his care, treatment and hospitalization that would be recoverable in a personal injury action, filing a wrongful death lawsuit allows you seek compensation for reasonable funeral expenses and reasonably expected loss of services, protection, care and assistance. The negligent surgeon could also be held responsible for paying damages to compenste you for sorrow, mental anguish and solace, which includes loss of companionship, comfort and guidance from your husband. If the negligence was severe enough, punitive damages may also be awarded.

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