Losing a loved one is hard regardless of the situation. Sometimes this loss comes from negligence and you find yourself questioning whether you have a legal case against the person who caused the loss.
There are four basic elements that need to be present to determine if you have a Virginia wrongful death claim:
- The death was caused by another person. This could include complete or partial fault.
- The death occurred due to negligence or complete liability from another person. An example of this would be that you can’t file a wrongful death suit against a doctor because your loved one died from a disease or cancer. If however, the death occurred because the doctor failed to treat your loved one by taking the normal and necessary steps in treatment then you may have a case.
- The death affected the livelihood of an immediate family member. This could include a spouse, children, or another dependent. The idea behind this is that the death of the loved one has caused an immediate family member to be unstable because they no longer have the support of their loved one. The family member who was left behind could then receive monetary compensation to help with the loss.
- The death of the loved one caused financial damages to their immediate family. This could range from many different things including not being able to pay for a home, or pay other necessary bills.
Filing a wrongful death claim, or even considering it, can feel very overwhelming at times. However, if you have an idea of the basic requirements it may help ease the anxiety a bit. Another great way to help lower the stress during this trying time is to call and talk to a Virginia wrongful death attorney at Dulaney, Lauer, & Thomas. They may be able to help answer your questions to allow you to make some sense of everything you have read or been told by others.