Just as the name suggests, a Virginia wrongful death case applies when a person dies in a wrongful situation. Specifically, it is when a person dies as the result of another person or entity acting in a negligent manner.
Not every case of unexpected death is eligible to be considered a Virginia wrongful death case. When you have lost a loved one and suspect it may have been the result of the negligence of another, you should have your case reviewed by a Fairfax wrongful death attorney.
How to Define a Virginia Wrongful Death
In a nutshell, negligence needs to be the underlying reason a person died. However, the negligence must be of another party, and not the deceased individual. A Virginia wrongful death is only a valid claim when the person was killed because of the negligence or misconduct of someone other than himself or herself.
Your attorney will review your case and determine whether another party is liable for your loved one's death. A drunk driver, a careless surgeon, and a manufacturer who knowingly produces a deadly defective product are all potential parties that can cause a wrongful death.
Types of Virginia Wrongful Death Cases
Some of the common types of wrongful deaths include:
- fatal car accidents;
- medical malpractice;
- dangerous drugs; and
- defective products.
As with any sort of negligence case in Virginia, you will have to follow the laws of contributory negligence. The deceased cannot have contributed in any way to their own death for their family to file a Virginia wrongful death claim. Even the slightest bit of fault in their own death could dismiss your wrongful death claim in Virginia.
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