Under Virginia’s personal injury laws, the surviving family of a deceased accident victim has the legal right to file a lawsuit against the driver who caused the fatality. By filing the claim, the survivor is demanding compensation for funds lost due to this death such as wages, funeral expenses, and support. Under tort laws, this survivor may include emotional distress or anguish due to the loss of a companion. Any family members that wish to file a wrongful-death lawsuit should contact a Personal Injury Attorney Warrenton to help them.
Defining Wrongful Death
Wrongful death is identified as a fatality that is caused by anyone other than the victim. Additionally, intent and avoidable circumstances play a role in litigating these occurrences. These lawsuits are not limited to any specific form of accident, but encompass a vast amount of probabilities.
This includes but not limited to automobile accidents, medical malpractice, and accidental shootings. Manufacturers and individual companies could become defendants in these lawsuits based on the circumstances that surround the fatality. At any time, that intent is identified or circumstances that could have been avoided, the participating individual is subject to litigation.
When a representative for the surviving family files a lawsuit for this purpose, they are referred to as the real party in interest. Limitations are imposed on this form of wrongful-death litigation. The only individuals who can file this lawsuit are immediate or biological family members, dependents, spouses, parents, or life partners. The petitioner must provide proof of this relation when filing the lawsuit.
Possible defendants are almost limitless. They could include but not limited to at-fault drivers, employers, business owners, manufacturer, retail chains that sell alcohol, or government agents. For example, a wrongful-death lawsuit that relates to a DUI could identify each party involved all the way down to the clerk who sold the alcoholic beverages to the victim.
A Personal Injury Attorney Warrenton fights for compensation through these lawsuits. Compensation includes economic, non-economic, and punitive damages. Economic damages relate to medical expenses; funeral costs, and other expenses incurred due to an avoidable death. Non-economic damages include monetary awards based on tort laws. Punitive damages are awarded due to adverse conduct.