Wrongful death is a legal phrase that refers to a person’s death caused by someone else’s negligence or misbehavior. Wrongful death is a legal action that can be brought in conjunction with a criminal case if the death was caused by criminal wrongdoing (like drunk driving). You don’t have to prove that the person or entity who caused the death was guilty of murder or manslaughter to win a wrongful death lawsuit.
The goal of a wrongful death case is to reimburse loved ones for expenses such as medical care and burial costs. These costs would not have been borne by loved ones if the person or entity had not been careless or willfully harming the individual.
While a wrongful death lawsuit will not bring your loved one back, it can help you pay for the expenses you’re experiencing and seek restitution on their behalf.
Wrongful Death: Common Causes
The following are some common causes of wrongful death:
- Automobile collisions
- Motorcycle collisions
- Truck collisions
- Train collisions
- Medical negligence
- Abuse
- Product responsibility
- Accidents involving planes
- Attacks by animals
- Accidents at work
- Criminal behavior
In Virginia, who can sue for wrongful death?
Who can pursue a wrongful death case in Virginia is clearly defined by law. You must fit into one of the following categories to be eligible:
A deceased person’s spouse or child. When it comes to qualifying family members who can bring a lawsuit, these people are given first consideration.
If the deceased had no living spouse, children, or grandchildren, the case can be filed by the deceased’s parents, siblings, or other family members who lived with him and were financially dependent on him.
When the deceased had no dependents or household family members, the individuals who inherit the deceased’s estate have the ability to file a wrongful death action.
When Does a Wrongful Death Case Make Sense?
There are three instances in which a wrongful death lawsuit may be appropriate and give legal grounds for a lawsuit by surviving family members.
When another person or entity kills another individual on purpose. In this situation, the at-fault party is usually charged with murder or manslaughter. This occurs during an assault and might be planned or unplanned.
When a person dies as a result of medical misconduct. A wrongful death case could be filed if a doctor fails to diagnose a patient or fails to give the standard of care that other people would provide in the same situation, and the patient dies as a result. The family may file a lawsuit against the doctor or medical establishment in question.
Other circumstances, such as an automobile collision, frequently entail negligence. Car accidents are one of the most common types of personal injury that might result in another driver’s death. Other possibilities include occupational injuries or defective items that the maker should have prevented from reaching customers.
How to Prove a Fatal Error
In order to prove wrongful death, qualifying family members must show that their loved one would have lived if the at-fault person or corporation had acted differently.
The defendant had a duty of care toward your loved one, failed to meet that duty of care, and the failure of that duty of care directly caused your loved one’s injuries and death in the majority of situations.
Free Consultation With a Caring Attorney
It is critical to work with an attorney to show wrongful death. If you employ an experienced wrongful death attorney, your case will have a considerably greater chance of success, whether you’re dealing with medical malpractice laws and procedures or the complexities of proving the at-fault party in workplace accidents where multiple contractors are on-site on any one day.
Geoff McDonald & Associates has a fantastic legal team for wrongful death claims to help victims’ families cope with the loss of a loved one. To organize your complimentary consultation, please contact us right away.
