Although death is a reality in life, it is often something we are not ready for. Dealing with the grief of a lost loved one can be difficult, and when one’s death suddenly occurs because of the negligent conduct of another, this can leave surviving family members with a lot of questions. For individuals in Virginia and elsewhere, this can be a confusing and overwhelming time. However, it is also a time when actions could be taken.
Through a wrongful death action, surviving loved ones could seek legal recourse. This legal action seeks to hold a negligent party liable for the death of a loved one and the damages that ensued. In order to be successful with this action, there are four elements that must be met.
First, there must be the death of a human being. Next, the death of a person must have been caused by the negligence of another or an intentional act to cause harm to that person. Third, surviving family members must suffer monetary damages as a result of this death. Finally, a personal representative must be appointed for the decedent’s estate.
Whether it is medical malpractice, a negligent driver, criminal conduct or during a supervised activity, the death of a love done could be the cause of another party. By holding a negligent party accountable, surviving family members may be able to obtain compensation. This monetary award could be used to address losses such as medical bills, funeral costs, loss of companionship, pain and suffering, lost wages and other related damages. The loss of a loved one is a difficult and tragic event; however, there are steps one could take to protect their rights and interests in the matter.