wrongful death lawsuit is a claim filed against someone who is legally at fault for the death
of another through negligence or intentional harm. The suit is filed by
a wrongful death attorney or auto accident attorney, on behalf of the
survivors of the victim. Here are some answers to common questions about
wrongful death lawsuits.
Under What Circumstances is a Wrongful Death Claim Applicable?
An accident attorney has legal grounds on which to file a claim against
someone who has been found legally liable for the death of another. The
death can be the result of intentional harm against the victim, medical
malpractice, an auto accident, or any other situation in which negligence
or intentional harm can be proven.
What Must a Wrongful Death Attorney Prove?
For the estate of the deceased to be awarded damages, a wrongful death
attorney must prove that the deceased’s death was the direct result
of negligence or intentional harm inflicted by the defendant. The wrongful
death attorney must also establish that the death caused financial and
emotional damages to the deceased’s relatives or survivors that
equal the amount of money demanded from the defendant.
How Are Damages Awarded?
A judge or a jury awards damages in a wrongful death claim. The monetary
amount of this award is determined by financial damages, such as medical
costs, funeral and burial costs, and loss of income or inheritance. Monetary
awards can also be assigned to emotional damages, such as the pain and
suffering of the deceased prior to death, and loss of care, guidance,
love, services, or companionship that would have been provided by the deceased.
If you’re looking for legal advice regarding a wrongful death claim,
visit us at Auto Accident Law Firm of Kevin Paul Childers. Kevin Childers,
P.C. has been a
wrongful death attorney in Prince William County, VA for 20 years. He fights diligently for the rights of his clients in personal
injury cases, and is committed to winning them the best settlements possible.
To schedule an appointment with our firm, call us today at (703) 330-6300.