The wrongful death of a loved one due to someone else's negligence or a faulty product not only brings tremendous grief but can also have a significant financial impact due to loss of future earnings and other elements. If your loved one suffered from a wrongful death and you seek an attorney to evaluate your case, there are a few important elements regarding a wrongful death claim about which you should be aware. Initiating a Wrongful Death Claim In the state of Virginia, a claim for wrongful death must be made within 2 years of the death. A wrongful death claim can be initiated by an executor named in the deceased's will or in the absence of a will, the court may appoint an administrator who can initiate a claim. If an adult is not within the immediate family, the court may appoint an administrator who can initiate a claim. Damages & Settlements Damages in a wrongful death claim are determined at the discretion of a jury or the judge if the case goes to trial, and the following are the categories of potential damages:
- Compensation for sorrow and mental suffering including the loss of friendship, guidance, and advice;
- Compensation for loss of future earnings;
- The expenses for medical care associated with the injury that ultimately resulted in death;
- Reasonable funeral expenses; and,
- Compensation for punitive damages for willful misconduct and/or the disregard for the safety of others.
