What is a wrongful death action?

A wrongful death action is a legal claim brought against someone who is legally responsible for causing the death of another person. This type of action is typically brought by family members of the deceased person. In Virginia, wrongful death actions are governed by the Code of Virginia § 8.01-50 and 8.01-53. Under Virginia’s wrongful death law, the decedent’s estate may bring a claim against the wrongdoer that is responsible for causing the death. The wrongful death action may include, but is not limited to, medical expenses, lost wages, loss of companionship, pain and suffering, and funeral costs. In Virginia, the damages recoverable in a wrongful death action are limited to those caused by the wrongful death, and do not include damages that arose before the death. Family members of the deceased typically have a certain period of time to bring a wrongful death action. In Virginia, this time period is two years from the date of death. If the action is not brought within this time frame, the right to recover may be lost. It is important to note that wrongful death actions are civil claims, and do not include criminal charges. However, depending on the circumstances of the death, criminal charges may be brought against those responsible. In order to pursue a wrongful death action in Virginia, family members should consult with an experienced wrongful death attorney.

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What is a wrongful death action?

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