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What is a wrongful death claim?

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Wrongful Death in VA

A wrongful death lawsuit claims the victim was killed as a result of negligence, or another type of unjust action on the part of the individual or entity being sued, and the victim’s survivors are entitled to damages as a result of the improper conduct. A wrongful death claim is just a negligence lawsuit in which the individual injured died from the injury.
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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What if a victim dies before their case is hard by a court?

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Accidents Causing Wrongful Death in NC

A wrongful death claim usually stems from the victim’s death from an accident and is brought on behalf of a relative or loved one.For example, say someone is married with three children and becomes injured in a serious truck accident caused by the negligence of a trucker. If the victim is hospitalized and sues the person at fault, but before the victim’s case is heard, they die from the injuries sustained in the truck wreck. The victim’s spouse may proceed with the claim, after getting qualified as the personal representative of the estate, as a wrongful death matter against the person at fault.
You also need to be aware of the “survival statute” which preserves a victim’s cause of action against an at-fault individual after the victim passes away from some cause other than the accident. This enables the estate to take over the victim’s cause of action against the at-fault party. The damages available in a survival action include all the damages for the injury that are available to the actual victim if the individual survived.

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What if an individual dies from the injuries in an accident while the case is pending?

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Wrongful Death in VA

A wrongful death claim is a cause of action which stems from the victim’s death from an accident, is brought on behalf of the surviving beneficiaries or dependents of the deceased individual, and has different types of damages from cases where just an injury results.
For example, say someone is married with two children and becomes injured in a severe car accident caused by the negligence of a another driver. If the victim is hospitalized and sues the person at fault, but before the victim’s case is heard, they die from the injuries sustained in the car accident. The victim’s spouse may proceed with the claim, after getting qualified as the personal representative of the estate, as a wrongful death matter against the person at fault.
You also need to be aware of the “survival statute” which preserves a victim’s cause of action against an at-fault party after the victim passes away from some cause other than the accident. This enables the estate to take over the victim’s cause of action against the at-fault party. The damages available in a survival action include all the damages for the injury that are available to the actual victim if the individual survived.

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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What Are Virginia’s Leash Laws?

Category

Serious Injuries in VA

Virginia leash laws may require you, the dog owner – while on your property – to keep your dog under control. This means that your dog is confined to the house, a dog pen, on a secured leash, or under some form of immediate voice control. If you take your dog for a walk and off the property, you must put your dog on a leash or under immediate voice control. It is best to have the dog on a leash. The law does not automatically apply everywhere as the localities, city or county governments, must decide if the want to implement it. Some rural counties in VA do not choose to make all canines stay on leash which can lead to problems like dogs chasing cars or threatening pedestrians on public roads.

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