Factors That Apply in Claims For Wrongful Death in Hampton, VA

by | Oct 27, 2015 | Law

In Virginia, the statute of limitations for personal injury claims is two years. This applies to wrongful death lawsuits. The deadline begins on the day of the accident that caused the injury or fatality. Attorneys that manage wrongful death in Hampton, VA help with these claims and guidelines.

Identifying the Validity of the Case

In a wrongful death claim, the same conditions must apply as a personal injury case. They must be the presence of negligence, wrongful actions, or guilt by default. The injuries must be the cause of the fatality, first. Next, the attorney must validate the claim by connecting the defendant to the exact cause for the injuries.

Who Are Statutory Beneficiaries?

Statutory beneficiaries are relatives who have a valid claim on the assets and properties of the victim. It is these beneficiaries who have the legal standing to file a claim for compensation. They include parents, children, spouses, and close relatives. This could also include cousins and siblings.

Reviewing the Damages Awarded

The most common of damage payouts are for anguish and sorrow. Children and spouses may file claim for care, comfort, or financial support. With these awards, the plaintiff receives lost wages in which the victim would have earned throughout their lifetime. This is based on their most recent salary, total hours per week, and the years they were expected to live.

Next, the court calculates the medical expenses for care for the victim. They add these expenses to funeral and burial costs. These expenses are added to the total cost of the damages that are awarded to the victim’s family.

Punitive damages are rewarded as a form of punishment for the defendant. These damages are awarded when a professional causes injuries that due to an unnecessary error. This includes, but isn’t limited to, doctors and plastic surgeons.

In Virginia, statutory beneficiaries must file a wrongful death lawsuit within two years. The deadline begins on the date of the accident. The beneficiaries must file a claim before the second anniversary.
The attorney helps these beneficiaries identify a reasonable value. Beneficiaries who want to file a claim for wrongful death in Hampton, VA should visit Grobellaw.com today.

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