Who can file a wrongful death lawsuit in Virginia?
Each state or commonwealth, including Virginia, has laws regarding which family members can file a wrongful death suit. In some jurisdictions, grandparents or other relatives may be able to sue. In others, wrongful death lawsuits are reserved for spouses and children. You may or may not be able to file suit against a family member in a wrongful death suit, depending on state laws. At Gardner, Barrow & Sharpe P.C., our lawyers have more than 100 years of collective experience when it comes to wrongful death laws.
Requirements for filing a wrongful death suit
Your attorney must be able to prove that the responsible party caused the victim’s injury and the victim’s death caused harm to the family member filing the lawsuit. For example, if a family lost its breadwinner, they could claim that the individual who caused the fatal accident harmed them financially and emotionally.
A wrongful act includes any of the following:
- Careless behavior
- Reckless behavior
- Intentionally harmful behavior
Cases that are considered wrongful death include:
- A person killed in an accident with a drunken driver
- A person who was murdered by another individual
- A pedestrian killed by a texting driver
In other cases, family members may be able to file a lawsuit against a manufacturer or other entity for their relative’s death. For example, you might be able to file a lawsuit against a tobacco company if your relative was a smoker who died from lung disease. Contact one of our Virginia personal injury attorneys to discuss the specifics of your case.
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