Wrongful Death
Wrongful death cases are unique, and the law provides specific rules and procedures to govern these cases. Although a wrongful death case can arise from numerous circumstances, such as a
car accident, truck collision, medical malpractice, nursing home neglect, or workplace injury, the common factor is negligence or wrongful conduct that causes death to another person. This
must be proven. The wrongdoer can either be an individual, a corporation, or other business interest. They are typically represented by insurance companies.
How Does the Law Value A Wrongful Death?
The law does allow survivors to pursue their legal remedies. Any amounts sought in a wrongful death case are known as "damages", and damages are typically divided into two groups:
First are
economic damages, comprised of medical expenses, funeral expenses, and lost income of the deceased victim. Of these, the lost income portion is often the greatest, especially where the victim was the provider for a family and is leaving a surviving spouse or children. In these cases, our attorneys are required to work closely with
economic experts and/or vocational experts to correctly predict the victim’s lost future earnings and compute the true economic loss suffered by the survivors. This can be tremendous, as the deceased person’s future earnings are often predicted over the course of his or her anticipated life expectancy. Thus, a highly paid business executive who is killed in the height of a career may leave millions in lost future income that would have supported a surviving spouse and children.
Second are the devastating
emotional damages experienced by survivors. These include the obvious grief, anguish, sorrow and the loss of the deceased victim’s companionship which is felt by the surviving family members.
Third, but not as common, are
punitive damages. This type of damage recovery is usually reserved for cases involving the worst type of wrongdoing, such as
drunk driving or intentional wrongdoing. Under Virginia law, punitive damages are intended to serve as additional compensation to injured victims in order to punish the wrongdoer and prevent similar conduct in the future. Although relatively rare in Virginia, punitive damages may be recoverable in any specific case and play a valuable role to society in deterring the worst forms of conduct.
The Value of a Case is Specific To That Case.
Although the law allows recovery for these economic and emotional damages, the law wisely does not step in to place a “price” or value on this highly personal form of loss. Instead, the value of any case may ultimately rest with a jury in a courtroom. Therefore, we know that case value can largely depend on the attorney's experience, presentation skills, and trial ability. This holds true whether a case is tried before a jury or settled with an insurance company out of court. As with any other pursuit, an experienced attorney can make a difference.
Blog for Wrongful Death
Library for Wrongful Death:
- Who can be Awarded Damages for Wrongful Death in Virginia?
Dulaney, Lauer & Thomas discuss in detail how damages are awarded in Virginia wrongful death cases. If you believe that your loved one’s death was the result of a negligent or wrongful act, call us today at 888-907-2631 for our Warrenton office or 800-741-1012 for our Culpeper office.
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Case Results for Wrongful Death:
