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How does a court calculate loss of comfort, sorrow, mental anguish and solace in a wrongful death claim?

When someone you love dies in a serious accident, it is never possible to fully replace the loss. However, our justice system tries to provide some semblance of justice through a wrongful death suit. A successful wrongful death case tries to make amends for the loss by awarding an amount of money that is “fair and just.” It is virtually impossible to precisely calculate how much sorrow or mental anguish a survivor experiences. The facts of each case will influence the amount that is determined to be fair and just. For example, the nature of the relationship in the family is taken into account. In addition, the length of marriage and the kinds of love, help and support your spouse gave you are important considerations. 

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Does the Feres Doctrine apply to members of my family?

The Feres Doctrine prevents family members from filing claims on behalf of active duty military members but the Doctrine does not extend to family members injured in a federal hospital or other setting. For example, if a loved one has surgery at a military hospital and gets injured due to medical negligence, the loved one can file a claim as long as they’re not active duty military.  Various rules and deadlines apply so seek immediate legal advice from a personal injury attorney familiar with such claims. 
About the editors: The motto at Shapiro, Washburn & Sharp& Duffan law firm is simple -“All we do is injury law.” We hope you were able to find the answer to your injury query. If not, please review our Virginia Accident Lawyer FAQ Library for additional information. If you’d like to speak to an actual attorney about your potential injury claim for free, please contact our office at (833) 997-1774.

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