May the deceased person's estate file a wrongful death claim?

Yes, in Virginia, the deceased person’s estate may file a wrongful death claim. Wrongful death is defined as an untimely, violent death caused by the negligence of another person or entity, such as a corporation. Virginia law allows an estate representative, such as an executor of a will, to file a wrongful death claim. In order for the claim to be valid, it must be proven that the death occurred because of the negligence of the other party. The purpose of the wrongful death claim is to provide financial compensation to the heirs of the deceased who have suffered financially as a result of the death. This compensation may include medical and funeral expenses, lost wages and benefits, emotional distress, the loss of companionship and guidance of the person who died, and the loss of future earnings the deceased would have earned had they lived. Wrongful death claims must be filed within two years of the date of death in Virginia. It is important to be aware of the statute of limitations for wrongful death claims, as any claims filed after the two-year deadline will likely be barred. It is also important to note that wrongful death claims may be subject to a settlement agreement or can be decided in court.

Related FAQs

Can wrongful death claims be settled without litigating in court?
Can a wrongful death claim be filed against an insurance company?
What are the non-economic damages that may be available in a wrongful death case?
What is wrongful death law?
What are wrongful death damages?
Can a wrongful death case be based on a criminal charge?
What are the economic damages that can be claimed in a wrongful death case?
Can more than one person be held liable for a wrongful death?
What is the difference between a wrongful death claim and a survival action?
What is the process for filing a wrongful death lawsuit?

May the deceased person's estate file a wrongful death claim?

Related FAQs

Related Blog Posts