Casey is a founding partner at River Run Law Group. Casey has tried numerous cases across the Commonwealth in both General District Court and Circuit Court. He has earned millions of dollars for his clients through trials, mediations, and settlements.
Losing a loved one suddenly is incomprehensible to imagine. But when that loss results due to the negligence or wrongdoing of another person or entity, the pain is compounded by this sense of injustice. It may feel helpless now, but Virginia law provides survivors a way to hold the right person accountable and recover compensation through wrongful death actions.
If you lost a loved one in a wrongful death accident, read on to learn more about seeking justice and recovering damages. While no amount of money could replace your loved one, financial compensation can help you and your family move forward.
What Is Wrongful Death and When Can You File a Claim?
Wrongful death lawsuits are civil actions brought by the personal representative of the estate of a deceased person against the party whose negligence or wrongful act caused the death. In simpler terms, if someone’s carelessness or misconduct led to the death of your loved one, you may have a wrongful death claim.
The most common types of situations resulting in wrongful death cases include the following:
- Car accidents. Drunk driving, distracted driving, or reckless driving increase the risk of fatal car crashes.
- Medical malpractice. When a doctor, nurse, or other healthcare professional makes a mistake resulting in the death of their patient, survivors may have a claim for wrongful death.
- Defective products. Sometimes, defectively designed or manufactured products safely become available to consumers, resulting in severe injuries and death.
- Nursing home neglect. When a nursing home fails to care for a resident properly, and that neglect leads to their death, it could be grounds for a wrongful death lawsuit.
- Dog bites. Dog bites and attacks lead to serious injuries and sometimes death. The unfortunate victim of many of these attacks are children leaving parents filing a claim for wrongful death.
The key factor in a wrongful death case is proving that the death would not have occurred but for the negligence or wrongdoing of the defendant.
Calculating Lost Wages in Virginia Wrongful Death Cases
Lost wages are a crucial component of economic damages in wrongful death lawsuits. Virginia law allows recovery for the deceased’s past and future lost income. Calculating past lost wages involves gathering documentation, including pay stubs and tax returns, to determine the deceased’s earnings between the injury and death.
Future lost wages require more complex calculations and often involve the testimony of an expert. Factors considered include the deceased’s age, work history, earning potential, and life expectancy. The expert analyzes these factors and estimates the total income the deceased would have earned throughout their remaining work life.
You may wonder, How are lost wages calculated? In answering this question, it’s important to understand that the loss of future income encompasses more than just base salary. Wrongful death attorneys in Richmond also review health insurance, retirement contributions, and bonuses in their loss of future income calculations.
The goal in calculating compensation for loss of future earnings is to create a comprehensive picture of the deceased’s financial contribution to the family and the future income they would have provided if they had survived.
Other Types of Damages Recoverable in a Wrongful Death Case
If you prevail in a wrongful death lawsuit, the victim’s survivors are entitled to other recoverable compensation for their family’s losses. These compensatory damages are divided into economic and non-economic damages.
Economic damages are the tangible, out-of-pocket expenses associated with your loss. In addition to the loss of future earnings, other common examples of economic damages include:
- Medical bills. Expenses related to the deceased’s final illness or injury, including hospital stays, emergency room visits, and doctor’s appointments.
- Funeral and burial costs. The cost of funeral services, cemetery plots, and headstones.
- Lost income. The income the deceased would have earned if they had not died prematurely.
- Loss of household services. The value of the services the deceased provided around the home, such as childcare, housekeeping, and yard work.
Non-economic damages are more subjective and compensate survivors for the intangible losses suffered by surviving family members. They may include:
- Pain and suffering. The emotional distress caused by the loss of a loved one.
- Mental anguish. The anxiety, depression, and other emotional turmoil experienced by surviving family members.
- Loss of companionship. The loss of love, guidance, and emotional support the deceased provided.
The specific amount of recoverable damages varies depending on the circumstances of your case. An experienced wrongful death attorney can help you understand the full range of damages you may be entitled to and build a solid case to maximize your recovery.
If you believe you have a wrongful death claim, it is important to consult with an attorney as soon as possible. There is a strict time limit, known as the statute of limitations, to file a wrongful death lawsuit in Virginia. An attorney can advise you of your rights and options and help you navigate the legal process.
Experienced Wrongful Death Attorneys in Richmond
At River Run Law, we understand that navigating your injury and mapping your recovery is incredibly difficult to do on your own. That’s why our legal team is here to advocate on your behalf and support you through the process. With millions recovered on behalf of our clients, we know just how much suffering a serious injury devastates your life.
At River Run Law, we aggressively pursue justice and fair financial compensation for the wrongfully injured. We assist you or a loved one with your lawsuit and protect legal rights while holding the responsible party accountable for their actions. You deserve to have a passionate advocate on your side. When you don’t know who to turn to for help, trust the legal team at River Run Law to get the job done for you.
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