Wrongful Death Lawsuits: Damages and Statue of Limitations

The greatest personal tragedy is perhaps the loss of a loved one.  The tragedy is compounded when it is due to another person's carelessness.  Medical malpractice, drunk driving, defective products, and nursing home abuse all can lead to the loss of life.

Damages in a wrongful death case are measured by the harm to the family members left behind.  The damages include funeral bills, medical bills, loss of future earnings, the loss of services the deceased provided to the family, and perhaps most importantly the immense grief caused by the void of losing a loved one.  In many cases the grief is compounded by watching a loved one suffer through a protracted illness.

In most cases a wrongful death case must be filed within two years of the death. The case must be pursued by the administrator or executor of the estate.

Virginia law determines who can recover in a wrongful death case.  If the decedent was married and/or had children, then his or her spouse and children may recover.  If he or she was not married and did not have children, then the parents and siblings may recover damages for the death of their loved one.  In some cases extended family members may also recover. 

Attorney Josh Silverman's goals in representing a client in a wrongful death case are first to hold the wrongdoer accountable.  In particularly egregious cases, like drunk driving and nursing home abuse, we may seek punitive damages to punish the wrongdoer.  Secondly, we want to provide the family with financial security by ensuring that lost income, funeral bills, and medical expenses are recovered.  Thirdly, while no amount of money could fill the void left behind in a wrongful death case, we work to ensure that the family is fairly compensated to the full extent of the law.

If you have lost a loved one due to the carelessness of another person, please contact our Richmond, VA, injury lawyer's office at (804) 325-4992 to discuss your legal rights.