What is wrongful death by negligence?

Wrongful death by negligence is a type of legal action that is generally available in the state of Virginia. This type of legal action allows the family members of a deceased person to sue the person or party responsible for their loved one’s death. To be successful in a wrongful death claim, the family must prove that the death was caused by negligence on behalf of the accused party; meaning that they failed to act in a responsible manner or failed to meet a standard of care. In Virginia, wrongful death cases can involve motor vehicle accidents, medical malpractice, defective products, workplace negligence, or any situation in which the accused party fails to act responsibly and results in death. In order to qualify for a successful wrongful death claim, the action must meet the legal elements of negligence: duty, breach, causation, and damages. Duty is the legal responsibility of a person or party to act in a certain way to protect another from harm. Breach is the failure to act in a responsible manner which results in the death of another. Causation requires that the wrongful action of the responsible party was the cause of death. And damages means that the family of the deceased suffered a financial or emotional loss because of the death. If the family of the deceased can prove all four elements of negligence, they may be able to sue the responsible parties and recover damages such as medical expenses, legal fees, and lost wages. Additionally, the family may be able to recover damages for their emotional suffering, pain, and loss of companionship.

Related FAQs

Can the surviving spouse file a wrongful death lawsuit?
What are wrongful death damages?
Is an autopsy necessary to prove a wrongful death claim?
Who can be held liable for a wrongful death?
How long do I have to file a wrongful death claim?
What is the difference between a wrongful death claim and a claim for loss of consortium?
Are wrongful death cases tried before a jury?
Can a wrongful death claim be reopened after it has been settled?
What types of evidence are necessary to prove a wrongful death claim?
Who can file a wrongful death claim?

What is wrongful death by negligence?

Related FAQs

Related Blog Posts