Wrongful Death Damages Paid to Family Members

When a loved one dies because of a negligent or wrongful act, the remaining family members are often left wondering what actions they should take.  A wrongful death claim can be brought against the person who was responsible for your loved one’s death. 

To have a successful wrongful death lawsuit, it must be proven that the defendant’s conduct was either the sole or contributing cause of death, whether it was intentional or not.  Wrongful death can be the direct result of a car accident, truck crash, medical malpractice, nursing home neglect or workplace injury.  The dependents of the deceased can file a wrongful death claim to recover damages.

A wrongful death lawsuit brought against the negligent person or entity can result in compensation for sorrow, mental anguish, loss of income, loss of services, loss of care, medical expenses, reasonable funeral expenses and in some cases, punitive damages.  The jury or court will award damages that are considered fair and just for the surviving dependents.

Virginia Code § 8.01 – 53, establishes who is eligible to receive compensation for a wrongful death case.  Under state law, the individuals eligible to recover damages will be determined at the time the verdict is entered if the jury makes the specification or at the time the judgment in rendered if the court decides the distribution.  Typically, eligible family members may include the surviving spouse, children of the deceased, children of any deceased child of the deceased, parents, siblings or dependent relatives.  When deciding who receives compensation, the family dynamic will be considered, including if the deceased was married, had children and so on. 

If you have lost a loved one because of negligence or a wrongful act, you may be able to pursue a wrongful death claim.  Contact Dulaney, Lauer & Thomas LLP at 888-907-2631 for our Warrenton office or 800-741-1012 for our Culpeper office.

The article, Who can be Awarded Damages for Wrongful Death in Virginia, has more information on this topic.