Need an Injury Attorney for a Virginia Wrongful Death Case?
You want the best for your loved ones and never expect for them to be taken from your life. Unfortunately, many people enter the roadways every day and disobey traffic laws, choose to drink and then drive, or drive distracted without their focus on the roads. Because other drivers can’t always be trusted, accidents occur, and lives are sadly taken. What happens if your loved one has been killed due to the negligence of another party?
In Virginia, traffic fatalities are actually considered a leading cause of death. Virginia also believes in emphasizing safety and education to the public in the entirety of the state and has maintained a traffic fatality rate that is far below many other states. In fact, they rated 14th best in the nation in 2015. This is derived from statistics that show us that only 9 lives are lost per 100,000 people. One of the leading causes of fatal accidents in Virginia, like many other states, is alcohol use by drivers. However, over the years these rates have continued to drop.
So what do you do when your loved one has been killed due to the negligence of another driver? How do you compensate for these losses that are so difficult to put a price on?
Many Elements in a Wrongful Death Case
There are 4 elements at the center of every wrongful death claim, each one regarding a new part of your case that you must be able to show the courts. These include:
- Negligence: shown through the death of your loved one at the hands of a reckless or careless driver
- Breach of Duty: When a defendant in your claim breaches their duty of care to your loved one and causes an accident due to negligent driving
- Causation: When you show that a defendant’s negligence caused the death of your loved one
- Damages: Damages resulted from the accident, from medical bills to funeral expenses and pain and suffering
Am I Eligible to File a Claim?
Let’s say that you were friends with the victim – would you be able to file a claim? Probably not. Only certain entities are permitted to recover from a wrongful death claim, such as those close to the deceased. For instance, if you are the designated beneficiary of your loved one, then you may be able to file for relief based on the circumstances. In most cases, the beneficiary is someone very close to the loved one – such as a child, spouse, parent, siblings, or a domestic partner. They will receive benefits when a whole family has suffered the damages of a lost loved one, from a financial and emotional standpoint.
Damages in a Wrongful Death Claim
You may be able to compensate for a variety of losses in your loved one’s wrongful death claim. Perhaps you and your family have suffered emotionally, or your loved one was fighting for their life before they passed away – you may have a claim for pain and suffering. Maybe your loved one had a child and now, because their parent no longer works, they are missing out on necessary income. There are many losses in these cases, the biggest being the loss of your loved one who meant so much to you.
Because we understand how important your case is to you, we want to help you every step of the way. Has your loved one been injured and killed in a serious accident involving a negligent party? You will need an attorney on your side to fight for your rights and theirs during this difficult time.