What are the legal rights of the surviving family in a wrongful death case?
In Virginia, surviving family members are legally entitled to certain rights in the event of a wrongful death. These rights are outlined by the Virginia Wrongful Death Act. Surviving family members may be entitled to recover financial compensation for losses incurred as a result of the wrongful death. These losses may include medical expenses, funeral expenses, lost wages or salary, and loss of companionship, guidance, and support. In Virginia, compensation may be awarded for pain and suffering endured by the surviving family members, as well as for punitive damages which may be awarded to punish the wrongdoer for their negligence or improper conduct. Surviving family members may also be eligible to receive compensation for the conscious suffering of the decedent prior to death, as well as for the reasonable value of services or other contributions the decedent provided to the family. In order to recover compensation from a wrongful death claim, the family must be able to prove that the death was caused by the negligent or wrongful act of another person or entity. In order to ensure that surviving family members are able to pursue a wrongful death claim, Virginia law allows them to bring a claim on behalf of the deceased, even if the individual left no will or estate. In such a case, the court in question must appoint a personal representative for the estate. In Virginia, the statute of limitations limits the amount of time family members have to bring a wrongful death suit, so it is important to act quickly if you believe you are entitled to compensation.
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