Do you think your Loved One Died because of Negligence?  What is the first thing you should do?

Contact experienced Virginia wrongful death lawyers immediately. You need counsel, and you need it at this instant. A wrongful death Virginia case constitutes a specific type of legal incident and can’t be prejudged by a lay person. This is especially true when an accident has happened. Moreover, in numerous jurisdictions, a Virginia wrongful death case must be filed sooner than other cases.

A frequent scenario is if a loved one died as a consequence of a surgical method or other medical situations. It is likely that your lawyer may decide that the best course of action is to file suit for medical malpractice rather than wrongful death.  Nevertheless, your lawyers can best make that determination, and we can only do that if you contact Simeone & Miller, LLP immediately.

When should a Virginia Wrongful Death Case be Filed?

The death must be in whole or in part be caused by another person’s wrongdoings, even though may be no direct objective to kill the victim.  The defendant must be deemed negligent or strictly liable for the victim's death. In addition, the deceased may have dependents such as family members who have suffered from emotional and monetary damages as a consequence.

What is exactly is "Misconduct?"

Misconduct refers to the conduct that directly resulted in wrongful death. Misconduct can be an act of momentary negligence or carelessness, or it could be an intentional or reckless act. It can be the act of a single person or of a corporation, or of an employee or representative of a government institution. The law provides for the compensation of the survivors when a wrongful death occurs, just as it provides for compensation of victim(s) who may have been injured by similar misconduct.

Who is Allowed to File a Wrongful Death Lawsuit?

The representative allowed to bring a wrongful death suit is defined by the state. In some states, it may be a spouse or a child. In some states, grandparents or other relatives may also be allowed to bring a lawsuit.

Some states have enacted restrictions on filing when one family member would be suing another family member for the wrongful death of a third family member. We will help you establish your rights and represent you accordingly.

How are Damages Determined in Wrongful Death Cases?

The losses or damages vary somewhat from state to state. They also are dependent upon the relationship of the survivor to the deceased. For example, a spouse is usually entitled to compensation for the loss of love, affection, companionship, support, and services of the deceased for the period of their joint life expectancy. Another example would be a child who is entitled to recover for the loss of the guidance, affection, support, and services of the deceased.

How do I Determine the Wrongful Death Laws in My State?

Wrongful death statutes were drafted independently of each other and are often vary from state to state. However, they all follow the same general principles. A wrongful death claim generally consists of four elements:

• the death was caused, in whole or part, by the conduct of the defendant.
• the defendant was negligent or strictly liable for the victim's death,
• there is a surviving spouse, children, beneficiaries or dependents; and
• monetary damages have resulted from the victim's death.

Clearly, wrongful death circumstances are complicated issues and you will need help establishing and organizing the facts to present to a judge and jury. Simeone & Miller can explain the laws applicable to your state and help you navigate the maze of complexities.

What Losses are Covered by Law?

In general, losses suffered by the decedent's spouse, children, or next of kin, include:

• loss of financial support
• loss of service
• loss of gifts or other valuable gratuities
• loss of parental training and guidance
• loss of society and companionship

Again, wrongful death statutes vary from state to state. The allocation of damages between the decedent's heirs is typically governed by statute, and is typically subject to court oversight. Courts may look to the laws of "intestate succession" in relation to how damages should be distributed. Naturally, circumstances differ in every case, but in general the court can approve distributions which award damages to certain family members who would not otherwise be legal heirs of the decedent's estate.

• Overview

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• Medical Malpractice
• Wrongful Death
• Birth Injuries
• Product Liability
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• Legal Malpractice
• Other Personal Injuries