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Wrongful Death Guide in Virginia
FAQs for Wrongful Death in Virginia
It is a painful experience to lose a loved one; the pain can be even more so when the loss was done in a heartbreaking way such as with neglect, or by the actions of a person or company.
For some it may be that a company did not properly update their safety protocol leading to your loved one getting crushed on an oil rig. Or it could be that a family member who is in the nursing home was left without proper care and died due to the negligence of the care providers. No matter the case, wrongful death creates more than one victim by the actions of someone or a company. Contact Kamerow Law Firm for help.
What is the wrongful death law in Virginia?
According to section 8.01-50 of Virginia Code, “Whenever the death of a person shall be caused by the wrongful act, neglect, or default of any person or corporation, or of any ship or vessel.” If the victim had survived they would have done so with a personal injury.
Time Limit to File Wrongful Death
A wrongful death claim must be filed within two years from the death of the deceased or the court will no longer consider it.
Burden of Proof for Wrongful Death
Before the defendant is required to pay for damages in a wrongful death, there must be proof that the defendant’s actions or negligence caused the deceased’s death. There are three factors considered. The burden of proof is not measured in quantity, but quality of proof and must prove one or all of these points with credibility and will be measured by a judge and jury.
- Causation- This is when the actions of the defendant caused the wrongful death of the victim, not something else like the victim dying due to mechanical failure of their vehicle.
- Duty of Care-This is where the defendant had a duty or obligation that they did not fulfilled.
- Breach of Duty of Care- Similar to Duty of Care, however this is where the proof comes in, such as the defendant wasn’t properly handling machinery at work and did not follow safety protocol.
What is the Wrongful Death Cap?
In Virginia many people are not aware that there is a cap in wrongful death cases. Even if a jury believes that the case should be $4million awarded to the victim’s family, the attorneys must request a lower amount, such as $100,000 to stay within the wrongful death cap.
Ask a Virginia Personal Injury Attorney Today
A wrongful death attorney is an integral part of the case. They assist families in staying on the deadline of filing their case and claim, building the proof of evidence, and being familiar with the court process and presentation of case.
Kamerow Law Firm, PLLC offers professional care and experience in handling your wrongful death case. If a loved one has been a victim of negligence leading to their death, Contact us today for a free consultation. Call 703-370-8088.