Wrongful Death
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The questions on this page were answered by our team of Virginia Beach & Norfolk personal injury attorneys. The questions are categorized by practice area such as car accidents, medical malpractice, wrongful death, etc. If you have specific questions about your situation, contact our firm to set up a free consultation with an actual attorney.

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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. 

  • What is a wrongful death claim?

    A wrongful death lawsuit claims the victim was killed as a result of negligence, or another type of unjust action on the part of the individual or entity being sued, and the victim's survivors are entitled to damages as a result of the improper conduct. A wrongful death claim is just a negligence lawsuit in which the individual injured died from the injury.

    About the editors: The motto at Shapiro & Appleton& Duffan law firm is simple -"All we do is injury law." We hope you were able to find the answer to your injury query. If not, please review our Virginia Accident Lawyer FAQ Library for additional information. If you'd like to speak to an actual attorney about your potential injury claim for free, please contact our office at 1-800-752-0042.



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  • What if an individual dies from the injuries in an accident while the case is pending?

    A wrongful death claim is a cause of action which stems from the victim's death from an accident, is brought on behalf of the surviving beneficiaries or dependents of the deceased individual, and has different types of damages from cases where just an injury results.

    For example, say someone is married with two children and becomes injured in a severe car accident caused by the negligence of a another driver. If the victim is hospitalized and sues the person at fault, but before the victim's case is heard, they die from the injuries sustained in the car accident. The victim's spouse may proceed with the claim, after getting qualified as the personal representative of the estate, as a wrongful death matter against the person at fault.

    You also need to be aware of the "survival statute" which preserves a victim's cause of action against an at-fault party after the victim passes away from some cause other than the accident. This enables the estate to take over the victim's cause of action against the at-fault party. The damages available in a survival action include all the damages for the injury that are available to the actual victim if the individual survived.


    About the editors: The motto at Shapiro & Appleton& Duffan law firm is simple -"All we do is injury law." We hope you were able to find the answer to your injury query. If not, please review our Virginia Accident Lawyer FAQ Library for additional information. If you'd like to speak to an actual attorney about your potential injury claim for free, please contact our office at 1-800-752-0042.



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  • Are the laws or rules applying to a wrongful death claim different from a personal injury not involving death?

    Yes, there are many different laws that apply in each state.  Most such cases arise under state laws (but some federal laws set forth the rules/laws) and each state provides evidence laws on the types of losses/damages that can even be recovered in a wrongful death lawsuit (caused by negligence, carelessness, or violation of a relevant statute/regulation). 

    The state limitation period to even file a wrongful death suit is sometimes different than the statute of limitations for a personal injury suit. 

    Also, many states have laws on who can file the suit for the deceased person.  We highly recommend you obtain a free consultation very early on to protect your family.