Who Can File A Wrongful Death Claim In Virginia?
A wrongful death claim is controlled by statute in Virginia, which essentially says that they have a list of potential claimants. In the first position would be their children, and if they have no children, then in second place would be their mother and/or father. If they have no mother, father, or children, then the next group would be their brothers and sisters. However, this neglects the spouse who would be in line before the rest of the parties mentioned.
Does Anybody Who Loses A Loved One In An Accident, Do they Necessarily Have A Wrongful Death Claim?
Not everyone has a wrongful death claim that they believe they do. You’ve still got to be able to prove that the party that you are considering filing it against was responsible for the accident. If the dead person was accountable for their misfortune, you don’t have a claim because somebody has to be responsible for the accident. If a deceased person is responsible, then there is nobody to sue.
What Potential Damages Are Available To Loved Ones In Wrongful Death Claims?
Potential damages available are loss of your loved one, loss of companionship, and loss of income. Say you’ve got a 40-year-old husband who makes $200,000 a year and who is now dead. Somebody must fill that gap of over $200,000 a year for the remaining termof his life expectancy, which can be substantial.
Is There A Statute Of Limitations On Wrongful Death Claims In Virginia?
The statute of limitation in a wrongful death case is two years unless it’s a minor. A minor can sue up until two years beyond the date of their 18th birthday, which also applies to car accidents.
For more information on Wrongful Death Claims In Virginia, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (804) 905-9743 today.