Chesapeake Wrongful Death Damages
Following the wrongful loss of a loved one, it is important that you and your family get the justice you deserve. Part of that is recovering Chesapeake wrongful death damages that are meant to compensate you for your loss. Although no amount of money can make up for your loss, it can help you move forward.
A compassionate wrongful death attorney from Cooper Hurley Injury Lawyers can help you determine what damages may be appropriate in your case. We can then fight to make sure you get the compensation you and your family need.
What is a Wrongful Death Action?
There are several differences between wrongful death and personal injury cases. One difference is that under Virginia is 8.01-53 statutory beneficiaries are the ones to recover damages from a suit as opposed to the injured party.
Another difference is that, in a wrongful death action in Virginia, the court will appoint an administrator of the estate to bring the lawsuit. The administrator of the estate helps bring the lawsuit and divides the damages to the beneficiaries. An attorney can further explain the differences between wrongful death and personal injury actions and what that means for the damages in a claim.
Damages Involved in Chesapeake Claims
In Virginia, two statutes, 8.01-52 and 8.01-54, discuss the damages an individual is allowed to recover in a wrongful death action in Virginia. Some of these damages include sorrow, mental anguish, and loss of solace endured by the beneficiaries. Solace can include such losses as companionship, comfort, guidance, and the advice of the decedent. Other damages that are allowed under the law in Virginia are the loss of income of the decedent as well as any reasonably expected loss of services, protection, care, and assistance that the decedent provided to the beneficiaries.
Moreover, an estate can also claim any expense for the care, treatment, and hospitalization of the decedent for the injury that resulted in their death. So, if someone has to be airlifted to the emergency room and then die in the emergency room, an individual can claim the damages for the helicopter and any associated hospital damages. One other common area of damages are any reasonable funeral expenses.
Often, when someone dies in a wrongful death accident, evidence such as tax records and employment records are necessary to prove damages. For example, if someone is wrongfully killed who was expected to work for 25 years earning $75,000 per year, then the statutory beneficiaries are entitled to claim those various damages.
When claiming those damages, working with experts such as an economist and a vocational rehabilitationist is necessary. In addition, an attorney will gather evidence from the funeral home and testimony from all the statutory beneficiaries to establish a basis for damages. An attorney can further explain the evidence necessary to calculate damages in Chesapeake.
How An Attorney Can Help Claim Chesapeake Wrongful Death Damages
The main job of any lawyer or law firm in a wrongful death case is to help guide the family through this difficult and critical time in their lives. Bringing a lawsuit and calculating damages is difficult, but a dedicated attorney from Cooper Hurley Injury Lawyers can help. We can gather the evidence necessary to help you get the compensation your family needs and deserves for your loss. Call us today to discuss Chesapeake wrongful death damages.