What is “Wrongful Death”?

When someone dies unexpectedly, their loved ones sometimes have a right to sue for “wrongful death.” This legal term can be misleading, because there is no such thing as a rightful death – the loss of a loved one is always a traumatic and difficult experience. But while everyone passes on eventually, in some cases a death comes about prematurely, for no good reason other than the negligence or bad judgment of another human being.That is considered wrongful death.

Following the death of a loved one, a family is often too grief-stricken to think about money. Many people will (rightly) say that no amount of money can bring back or replace the departed. Unfortunately, in the weeks and months following a wrongful death the family often finds themselves facing tremendous financial burdens. This can be because of medical and funeral bills, but it can also be because of the reduced income from losing a lovedone who worked.

The law believes it is not fair for the family of the victims to bear these costs on their own, and it requires that the person who caused the wrongful death pay these costs. That is the basis of a wrongful death lawsuit.

Who Can Sue

Not just anyone can file a lawsuit over a wrongful death. In all states, immediate family members such as a spouse (legally married), child or parent can seek wrongful death compensation. Often the suit is filed on their behalf by the executor of the deceased’s estate.

Additionally, some states will allow others to file a wrongful death claim. A (non-married) life partner, or a significant other of any status who was financially dependent on the deceased, may be able to file a suit. More distant relatives like brothers, sisters and grandparents may have a claim, depending on their relation with the deceased – and sometimes, anyone who suffers financially due to the death (even simply a friend) may have grounds for compensation. In some states, the loss of an unborn baby can count as a wrongful death just like the loss of a child.

What Happens

To win a wrongful death lawsuit, you have to be able to show that the death was avoidable and was caused by a specific other person or entity. For example, if a drunk driver caused a car accident that led to the death, they are clearly responsible even if they had no intention of hurting anyone. But if a death results from a faulty automobile (for instance, the brakes fail) then the company the manufactured the automobile could be held accountable as well.

The person or company that caused the death will often fight back legally by claiming that the deceased brought it on themselves. For instance, the car company might say the deceased did not maintain their car properly. For this reason, wrongful death lawsuits can often be very hurtful and are best left in the hands of a skilled personal injury lawyer who can minimize the family’s contact with the other party. A wrongful death lawsuit is also more likely to succeed if the family has appropriate legal representation.

If you have lost a loved one in Virginia and want the advice of an attorney, call the law offices of Howard, Morrison, Ross, and Whelan. Our attorneys can help you through this difficult time and help you make the best legal decision possible.

To know more, please visit: http://www.hmrwlaw.com.