To prove the defendant was responsible, the plaintiff must establish a connection between the defendant’s conduct and the plaintiff’s injury, i.e., it must be shown that without the defendant’s conduct, the injury would never have occurred. Note it is not necessary to show that the defendant was the only responsible party.
Negligence is the basis of many Virginia wrongful death suits. Negligence is described as recklessness, carelessness, thoughtlessness, inattention to detail, and mistakes. Further, there are four essential elements to prove in order to satisfy a negligence claim in Virginia after a pedestrian accident:
- The defendant had a duty to the deceased;
- The defendant failed in that duty (breach of duty);
- That the fatality was caused by the defendant’s breach of duty; and
- That the survivors are entitled to damages as a result of the loss of their loved one
Virginia Wrongful Death Lawsuit Damages
Damages in a lawsuit are not automatically granted and the amount of damages awarded will depend greatly on the plaintiff’s relationship to the deceased. The damages award may include compensation for the following:
- Reimbursement for the loss of future income;
- Reimbursement for all medical related expenses incurred as a result of the defendant’s negligence;
- Reimbursement for property damage;
- Reimbursement for funeral expenses;
- Reimbursement for any future services normally provided to you by the person who has died; and
- Reimbursement for loss of consortium (spouse’s right to companionship).
If your loved one was killed in a Virginia pedestrian accident, until you retain an attorney, the representatives of the insurance company know that they are dealing with someone who is not adequately prepared and thus are unlikely to offer you fair compensation.
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 Parrish Law Firm, PLLC today for a FREE evaluation of your case – 571-206-0215.