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.

Virginia, like most states allows recovery for the survivors’ sorrow, mental anguish, loss of solace, comfort, the advice of the decedent, reasonably expected loss of income that the decedent would supply beneficiaries.  In addition, Virginia allows for reasonably expected loss of services, protection, care and assistance as well as recovery of expense for the care, treatment or hospitalization of the deceased loved one resulting from the injury that caused death.  Last, funeral expenses are recoverable.

 

 

 

 

Generally, per Virginia Code Section 8.01-244, you have 2 years from the time of your child's death to bring a lawsuit. This assumes that no lawsuit regarding the same accident was filed while your child was still alive. The timetable gets a little more complex when a personal injury suit for the accident was filed in your son or daughter's name while he or she was still alive.

For more information about wrongful death claims in Virginia, consider reading through the following articles written by my firm’s experienced wrongful death attorneys:

• What damages may I claim in a wrongful death case?
• My wife was severely injured in a Virginia (VA) car wreck caused by a drunk driver, and she died from injury-related complications more than a year after the accident occurred. Can I still bring a wrongful death suit against the drunk driver?
• How are Virginia wrongful death claims handled in court?

 

 

 

 

Virginia Code Section 8.01-244 allows you to bring a wrongful death lawsuit so long as your wife died as a result of her injuries within the 2 years immediately following the accident. The timetable for the statute of limitations on a wrongful death claim differs, however, if a personal injury lawsuit was filed in your wife's name while she was alive. If that is the case, you should contact a VA-based attorney who has experience representing plaintiffs in wrongful death cases as soon as possible to find out more.

For more information about wrongful death claims in Virginia, consider reading through the following articles written by my firm’s experienced wrongful death attorneys:

• How long do I have to file a lawsuit for a wrongful death claim against the driver who caused the wreck?
• What damages may I claim in a wrongful death case?
• How are Virginia wrongful death claims handled in court?

 

 

 

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.

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.

For more information about wrongful death claims in Virginia, consider reading through the following articles written by my firm’s experienced wrongful death attorneys:

• How long do I have to file a lawsuit for a wrongful death claim against the driver who caused the wreck?
• My wife was severely injured in a Virginia (VA) car wreck caused by a drunk driver, and she died from injury-related complications more than a year after the accident occurred. Can I still bring a wrongful death suit against the drunk driver?
• How are Virginia wrongful death claims handled in court?

When a relative or loved one dies because of an accident or injury, it is never possible to fully replace this loss. However, a successful wrongful death case will make some amends for the loss by awarding an amount of money that is "fair and just." It is virtually impossible to precisely how much sorrow or mental anguish a survivor experiences. The facts of each case will influence the amount that is determined to be fair and just. For example, the nature of the relationship in the family is taken into account. In addition, the length of marriage and the kinds of love, help and support your spouse gave you are important considerations. 

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. 

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.

PA

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.

PA

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.