Wrongful Death

A wrongful death lawsuit is a suit brought for the benefit of the statutory beneficiaries who have suffered damages as the result of the death of a loved one. It is incumbent on the trial lawyer to have a thorough understanding of how to properly bring such a lawsuit in the state where the lawsuit will be filed. In Virginia, naming the proper personal representative of the estate of the decedent is essential and can be a trap for the unwary…

The loss of a loved one is a tragic event that often has catastrophic effects on the surviving family members. The trial lawyer bringing a wrongful death suit must be careful not to underestimate the value of the case. Too often lawyers are heard to say in assigning low values in death cases, that the decedent was: “too old”, “just an infant”, or “had no financial dependents”…

Recovery for the wrongful death of a loved one is a statutory action. Since under common law, no action exists by or for a deceased person, legislation has been enacted by most states to create a recovery for wrongful death. The elements of damages for wrongful death vary greatly from state to state, so it is essential that the trial lawyer be well versed with the applicable law in the appropriate state…