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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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.