Age Is No Factor In Wrongful Death
A wrongful death lawsuit filed in Virginia in November 2013 shows that negligence can occur in any public setting — even in a daycare center.
In this case, a wooden storage box fell and crushed a six-year-old boy at a daycare center. The accusers argue that the box was unsecured in its position on top of another box. The boy allegedly had previous issues with climbing things at the center and the staff had taken extra safety precautions. Still, the parents are pursuing damages from the daycare center, charging that the staff failed to adequately adjust procedures based on the child’s previous behavior.
Wrongful death claims in Virginia must be filed by the personal representative of an estate, but can be shared among many surviving family members, including children, spouses, parents, siblings and other family members.
A wrongful death claim may result in damages being awarded to family members for different categories of loss, including sorrow and mental anguish, loss of companionship, medical bills, funeral expenses, lost wages and lost or damaged property. Individuals must file the claim within two years of the death, in accordance with Virginia’s statute of limitations. In the above case, the parents will likely seek compensation, primarily for medical bills and the emotional pain and suffering that comes with losing a child
If you believe your loved one was the victim of a wrongful death, contact a Norfolk attorney right away. With the help of reliable legal counsel, you and your family may be able to receive the compensation you deserve.