On Wednesday, August 21st, James City County Police were called to the scene of a two-car collision that left one person dead and three more injured. Reports show that officers were dispatched to the intersection of Fieldstone Parkway and Old Stage Road at about 8:20 p.m.
Upon their arrival, they discovered a Ford F-250 pickup truck and a black Honda Odyssey with extensive damage in the median of the intersection. Officers stated that the Honda Odyssey was heading southbound along Fieldstone Parkway. As the driver, 44-year-old Suffolk resident Melissa Delano, tried to make a lefthand turn into the eastbound lane of Old Stage Road, the westbound Ford hit her vehicle.
Delano was found unresponsive. Although paramedics performed CPR, as well as other life-saving measures, she passed away at the scene. A passenger in the same vehicle was taken by ambulance to Virginia Commonwealth University Medical Center with injuries considered non-life-threatening.
The Ford driver received medical treatment at the scene. One of the passengers was taken to Riverside Regional Medical Center in non-life-threatening condition. Responding officers have ruled out speed and alcohol as factors in the accident.
A wrongful death claim refers to a lawsuit filed by the surviving relatives of someone who sustained fatal injuries due to another party’s reckless conduct or negligence. Wrongful death claims are comparable to other types of personal injury lawsuits, the exceptions being damage calculations and the parties involved. Virginia wrongful death laws state that the party appointed by will or the personal representative of the estate is eligible to file a lawsuit. The law entitles the victim’s children and spouse to collect damages. There are, however, other dependents who, depending on the circumstances, may also be eligible to receive damages. Parties typically include siblings, parents, and other immediate members of the family.
Losing someone you love is upsetting no matter how it happens. However, the devastation you feel is often even more disheartening when you find out that their death was preventable. If you lost a loved one in a Virginia Beach car accident, you may be eligible to pursue financial compensation through a wrongful death suit. The Virginia Beach wrongful death attorneys at Shapiro, Washburn & Sharp have been providing dependable legal advice to families statewide since 1985. With our combined decades of legal experience, we have the resources and the skills necessary to fully defend your rights and obtain the damages to which you are lawfully entitled.
Who Can File a Virginia Wrongful Death Lawsuit?
Virginia law gives a thorough list of who is eligible to bring a wrongful death suit. First priority is given to the surviving spouse. If, however, the deceased had no surviving spouse, then their children have the next right of claim. If the deceased has no surviving children or spouse, then their parents are next in line, along with siblings and other dependent family members. This process is in place to ensure that the right beneficiary is given a fair chance to recover damages on behalf of the deceased.
Elements of Wrongful Death Case
A wrongful death lawsuit operates in much the same manner as any other negligence-based claim. This means that the negligent party’s liability presents itself in terms of financial compensation. The plaintiff, most often the personal representative of the deceased’s estate, will be required to demonstrate that the basic elements of a wrongful death were present at the time of the victim’s accident. This means proving:
- Duty of Care: The plaintiff must prove that the defendant owed the victim a duty of care.
- Violation of Duty: The plaintiff must show that the at-fault party violated this duty.
- Causation: The violation was the direct cause of the death.
- Damages: Due to the death, the victim incurred monetary damages.
Even though the personal representative is authorized to bring the claim, any financial compensation will go to the beneficiaries previously mentioned in this post. By working with an experienced Virginia Beach personal injury attorney, you can ensure that the victim’s estate satisfies the elements of a wrongful death case and that a fair outcome is reached.
What Damages Are Available?
In a Virginia wrongful death lawsuit, the recoverable damages vary widely and hinge on many different factors. Whether through a settlement or a jury verdict, some circumstances can change which damages are recoverable.
For example, if the person filing the lawsuit is the surviving spouse, damages could include financial compensation for loss of guidance, support, and companionship. Other potentially recoverable damages include compensation for medical bills if the victim needed medical treatment from the day of their accident until the day of their passing, along with the loss of any reasonably expected earnings caused by the death. Families can also pursue financial compensation for funerary expenses, emotional anguish, and pain and suffering.
In scenarios where the death was due to willful or wanton conduct, the family may also be entitled to seek punitive damages.
What Is the Virginia Statute of Limitations?
Every state imposes a deadline, known as the statute of limitations, that restricts how long an injured party has to bring a lawsuit against a negligent party. This timeline changes based on the type of accident and the circumstances under which it occurs. For wrongful deaths in Virginia, the filing party is given exactly two years from the day the death took place to file a lawsuit. Keep in mind that the statute begins running on the day death takes place, not the day of the accident. If families wait until after the statute of limitations has expired to try and file a wrongful death lawsuit, they will most likely be barred from collecting any financial recovery at all.
Call Our Personal Injury Law Firm for Legal Assistance
After losing a loved one because of another person’s negligence, many people are uncertain if they have a legitimate wrongful death claim. At Shapiro, Washburn & Sharp, our skilled Virginia Beach wrongful death attorneys can assess the circumstances surrounding your loved one’s accident, ensure you understand your rights, and explain your legal options during a free case review. We are dedicated to clients and strive to obtain full and fair financial compensation by providing strong legal advocacy, guidance, and support during the personal injury process.
Using these methods, we were able to secure a $1.85 million settlement for the wrongful death of a motorcyclist who died after he was struck by a truck driver making a negligent lane change. Schedule a free case evaluation with one of our Virginia Beach wrongful death attorneys by calling (833) 997-1774 or filling out the contact form on our website. To better serve our clients, our offices are located in Virginia Beach, Hampton, Portsmouth, and Norfolk.