Proving 3 Factors in Your Wrongful Death Claim

by Staff Blogger | January 25th, 2018

Losing a family member is devastating. But if their death was caused by another’s negligence, the aftermath can be even more painful. It can also be financially devastating, especially if the decedent was the primary income-earner in your household.

Filing a wrongful death claim may help you recover damages after your loved one’s death. In Virginia, it requires proving three key factors:

  1. The death was due to negligence or defects. To be eligible to file a wrongful death lawsuit, surviving family members and their legal counsel must be able to prove that the death was caused by a person’s or organization’s negligence, or due to defective equipment or products.
  2. The negligent act would have been grounds for a personal injury claim. A good rule of thumb for wrongful death claims is that the circumstances surrounding them are similar to those of personal injury lawsuits filed by living victims and their families.
  3. The death resulted in financial damages for the family. Surviving family members who file wrongful death lawsuits must have suffered financially due to their loved one’s death, and they must be able present evidence supporting their monetary losses.

The Roanoke wrongful death lawyers at Skolrood Law Firm know what it takes to build strong claims for grieving families, and it’s our goal to help you get the compensation you deserve during this difficult time. Call today for a free consultation.