The Facts About Filing a Virginia Wrongful Death Lawsuit

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The Facts About Filing a Virginia Wrongful Death Lawsuit

When you choose The Parrish Law Firm to handle your case, you can be certain that you will be represented by an experienced and knowledgeable Virginia car accident attorney.

Who Can File a Wrongful Death Lawsuit in Virginia?

According to DUI laws in Virginia, you can file a wrongful death lawsuit if a family member was killed in drunk driving accident. If the person who was killed in the accident was an infant, however, there are special guidelines that must be considered.

If you are the custodial parent of the infant, you have the right to file a wrongful death lawsuit in Virginia. You can also waive your right to file a wrongful death lawsuit and designate someone else to file suit instead. If the custodial parent or a person designated by the parent doesn't file a wrongful death lawsuit within 30 days, the right to file a suit may be granted to someone else who is related to the infant.

When Can a Wrongful Death Lawsuit be Filed in Virginia?

In order to win a wrongful death lawsuit in Virginia, your Virginia accident attorney needs to be able to prove that the defendant "acted with malice toward the plaintiff" or that the defendant showed "a conscious disregard for the rights of others." If it is determined that the defendant was driving under the influence of alcohol or drugs at the time of the car accident, you and your Virginia wrongful death lawyer can build a solid case.

Losing a loved one to a drunk driving accident is a terrible experience. Although there is certainly nothing that can replace the life of your loved one, you can take comfort in knowing that a skilled Virginia wrongful death attorney can help you recover some of the damages you have endured.

Receiving Compensation for Damages Through a Wrongful Death Lawsuit

There are several different types of damages you can sue for when filing a wrongful death lawsuit in Virginia. According to Virginia law, the damages you sue for may include:

Mental anguish, sorrow and solace due to loss of companionship, guidance and comfort normally provided by the person who was lost
Loss of income normally provided by the person who was lost
Loss of protection, services, assistance and care normally provided by the person who was lost
Expenses accrued for the care and treatment of the injuries that led to the person's death
Funeral expenses
Punitive damages

In order to prove these damages, expert testimony may be necessary. With the help of a skilled Virginia wrongful death attorney, obtaining the necessary witnesses for your case will not be a problem.

If you, or your loved one, have been injured in a drunk driving accident in the Northern Virginia area, it would be in your best interest to contact an experienced Virginia personal injury lawyer who will protect your rights and ensure you get the justice and compensation you rightfully deserve. Virginia has a statute of limitations that may prohibit you from filing a lawsuit if too much time has passed. Contact The Parrish Law Firm today for a FREE evaluation of your case – 571-229-1800.