Wrongful
death is a legal term that refers to situations where someone is
fatally injured because of the negligence, recklessness or intentional
acts of another person or company. Wrongful death cases may come about
in a number of different contexts, including transportation accidents,
workplace accidents, products liability and medical malpractice. The
primary aim of the wrongful death law is to provide relief through
compensation to the injured parties for the damages incurred as a
result of the wrongful death of a loved one.
A plaintiff in a wrongful death action may be able to recover damages
such as medical and funeral expenses, the loss of the deceased's
earnings and earning capacity, loss of pension benefits, pain and
suffering, mental anguish, and the loss of care, protection and
companionship to the survivors. Each state has passed wrongful death
statutes unique to its own jurisdiction. The emotional and monetary
losses suffered by a family can be devastating following the wrongful
death of a loved one. It is important to speak with an attorney
familiar with Virginia and D.C. law if you have suffered as a result of
the wrongful death of a loved one due to someone else’s negligence.
The wrongful death law is designed to compensate for harm
caused to a person, resulting in his death. The law states that the
beneficiaries or dependents of the victim are entitled to monetary
compensation. The dependents of the victim have to face not only the
emotional loss but also the financial loss caused as a consequence of
the victim’s death. The main aim of the state wrongful death attorney
is to provide compensation for the damages suffered by the victim.
Wrongful death law is an area of law that seeks to provide
financial compensation to the heirs of a person whose death was caused
by the negligent, willful, or wrongful act, neglect, omission, or
default of another.
Each state has drafted its own set of civil "wrongful death
statutes," and some form of wrongful death claim action exists in all
state jurisdictions today. While they all follow similar principles,
each state jurisdiction is unique, so laws will vary from state to
state. There are no federal statutes for wrongful death.
A wrongful death could occur as a result of a variety of situations, including:
- Medical malpractice that results in decedent's death.
- Neglect or abuse on the part of a nursing home that results in descendant’s death.
- Automobile, bus, train airplane or other common carrier accident.
- Occupational exposure to hazardous conditions or substances (exposure to asbestos,
etc.).
- Death during a supervised activity (sports tournament, field trip, etc.).