Practice Areas

• Car Accidents
• Premises Liability - Slip and Fall
• Brain Injury
• Drunk Driving Accidents
• Dangerous Products
• Personal Injury
• Wrongful Death
• Tractor Trailer Accidents
• Pedestrian Accidents
• Bus Accidents
• Dog Bites

You be the Judge

Has someone else's negligence cost the life of a loved one?

The death of a loved one caused by someone else's negligence is perhaps the most catastrophic type of personal injury case. Whether it is a parent, a child, a sibling, or other family member, the surviving family is left to pick up the pieces. While money can never fully compensate for the loss of a loved one, Virginia law provides that certain remaining family members are entitled to damages in a wrongful death case.

A wrongful death suit is instituted by the personal representative of the deceased, usually the administrator of the estate. It is brought on behalf of the ‘beneficiaries.' The beneficiaries are the family. Sometimes determining who the proper beneficiaries are can be complicated, but usually it is the surviving spouse and any children.

Wrongful death cases can arise from a variety of types of personal injury accidents, including:

• auto accidents
  truck accidents
  death caused by defective products
  medical malpractice

Winning the case on liability in a wrongful death case is the same as winning a case where someone suffered personal injuries. The plaintiff needs to prove that the death was caused by the wrongful act (or failure to act) of the defendant. The damages, however, are different.

The types of damages that can be recovered in a wrongful death case are also governed by a Virginia statute. The damages are not calculated in a way to put a value on the life that was lost. Rather, they are designed to compensate the surviving beneficiaries for the loss of their loved one.

The lawyers of Bucci & Dix are experienced in litigating wrongful death cases. Call us for a free consultation.

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