What Is A Wrongful Death Case And How Do I Pursue One
A wrongful death case in Virginia is very similar yet also very dissimilar to personal injury cases. It is very similar in a way that it was created or caused by the negligence of another. Someone else did something that needlessly endangered you or your loved one, and that ultimately caused the death of your loved one. In that sense, it is very similar to a personal injury case in Virginia, but the type of damages that you are allowed to pursue in a wrongful death case is very different. In a personal injury case, you are dealing with things like mental anguish, inconvenience, medical expenses, pain and suffering of the person who suffered the injury.
What Exactly Are You Looking At In a Wrongful Death Case?
In a wrongful death case, you are really looking at the people who survived the lost loved one to determine what their damages are. In that, you look for things like loss of companionship or guidance or advice. Sometimes if you are dealing with a spouse or a parent or someone, you are also dealing with the loss of income. Those sorts of things are the types of damages that you look for in a workers’ compensation case in Virginia. You are not entitled to recover for the pain and suffering of your lost loved one, unless there is some other extenuating circumstance. But in a wrongful death case, there are several different things that you have to do in order to protect your right to pursue a claim.
What Needs to Be Done When Filing For Wrongful Death?
For example, your claim has to be filed within two years of the date of your loved one’s death. Any random person can not just bring a claim to a Virginia court. A certain person has to go down to the clerk’s office and qualify as executor or administrator of the estate. The estate may not be large enough to go and qualify and Marshall an estate as a whole, but if you want to pursue a wrongful death case, you have to go down to the clerk’s office to qualify, post a bond, and things like that, to make sure that you will do the job and you will do it well. You can only qualify just for the purposes of bringing a wrongful death suit. You don’t have to do everything that is involved in the estate. Wrongful death cases can come in several different ways, it could be as a result of medical malpractice, a result of a car accident, a slip and fall, a product’s liability defect, or it could be a death that occurs at work. It doesn’t have to be exactly the same as a car accident or a medical malpractice type of situation, but you are also entitled to death benefits under the Workers Compensation Act. So if something happens that leads to the death of a loved one, there are several different options out there that you can choose from in order to pursue a wrongful death or a death benefit type case.
