What Makes Norfolk, VA Wrongful Death Cases Unique
If you are considering bringing a wrongful death claim in Norfolk, it is important to understand the process. There are several aspects that make Norfolk wrongful death cases unique and a failure to understand these aspects could jeopardize your case.
Therefore, if you are considering bringing a case, you should reach out to a knowledgeable wrongful death lawyer. A well-versed attorney from Cooper Hurley Injury Lawyers can help you understand your rights and the process of bringing a claim.
Juries in Norfolk
The elements of a wrongful death case in Norfolk are the same as in other jurisdictions. However, Norfolk has a large transient population because of the military and the port. The large companies in the area bring people in and out of the community for government jobs. Because of that, the jury pools may have people from all over the country.
Therefore, the attorney must be able to present these cases to a jury of people of diverse backgrounds. Some people may consider one element of damages from wrongful death actions differently than others. Even if the case settles before trial, the attorney must present the case to the insurance adjusters in the same way they would present it to a jury. They must be able to connect and describe how the accident affected those close to the decedent.
Beneficiaries in Wrongful Death Claims
Some people think that if they do not have a will and they die, all of their money goes to the government. There are laws in place in Virginia and most other states to prevent that from happening. The government gets everything when there are no heirs, but it does set out five classes of people who can recover damages if a person does not have a will.
In the first category, the decedent’s spouse and children are entitled to divide the assets in the estate or whatever the estate recovered in a wrongful death action. When someone does not leave a spouse or any children, their parents, siblings, or relatives who are primarily dependent on them are in the second class of beneficiaries. The third category applies if they leave a spouse and parents but no children, meaning the spouse and their parents are the beneficiaries. The fourth level is a relative who lives it at the decedent’s house and is dependent on them. If that does not apply, the fifth level includes other statutory descendants such as nieces, nephews, and cousins.
In setting up an estate, a person will most likely be named as an executor a will. They are responsible for opening the estate and bringing the wrongful death action. When no estate is open and no executor is named in a will, a close family member or beneficiary may serve as administrator. In certain circumstances, it is possible to hire an agent of the law firm such as an investigator or somebody to serve as administrator for the purposes of the lawsuit only. That is how many wrongful death actions proceed in a lot of cases.
Ask an Attorney What Makes Norfolk Wrongful Death Cases Unique
There are several unique aspects of Norfolk wrongful death cases. This makes working with a local attorney who understands these aspects critical to the success of your case. To learn more about bringing a case in Norfolk, VA, call Cooper Hurley Injury Lawyers for a free consultation.