Can the surviving spouse file a wrongful death lawsuit?
Yes, in Virginia, the surviving spouse of a person killed due to the negligence of another person or party can file a wrongful death lawsuit. This is because Virginia law recognizes the surviving spouse as the primary beneficiary of the estate of the deceased, and grants them certain rights. These rights include being able to file a wrongful death lawsuit if the deceased was killed due to the negligence of another person or party. The surviving spouse can seek compensation for damages and losses suffered as a result of the wrongful death. These may include medical expenses, funeral costs, loss of future income, or displeasure of the deceased. Additionally, the spouse may be able to receive compensation for the emotional distress, loss of consortium, and support as a result of the death of their spouse. The wrongful death lawsuit can be brought against any party responsible for the death of the deceased, including individuals, companies, or government entities. It is important to note that all wrongful death cases must be filed within two years of the date of death of the deceased, so it is important to contact a wrongful death attorney as soon as possible after the death occurs.
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