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Wrongful Death

One of the most tragic events in life is the death of a loved one, particularly when it could have been avoided or was caused by someone else’s conduct or carelessness. Often the decedent leaves behind family and friends who relied upon him or her to provide for them in addition to the emotional devastation and other monetary losses suffered from the death of their loved one.

“Wrongful death” occurs when a person is killed because of negligence, misconduct, recklessness, or inaction of another person, company, or entity. The term covers a wide variety of incident types, including automobile accidents, slip and fall injuries, worker’s compensation injuries, maritime accidents, product defects, medical malpractice, and intentional torts such as assault and battery. Although the incidents vary, the injuries are so serious that they result in loss of life to the injured party. The claim is brought in a civil action, usually by the executor or administrator of the decedent’s estate or a relative acting as an administrator. Contrary to what many persons might believe, the recovery is distributed to the decedent’s close relatives, as specified by statutory law, not by intestate succession or pursuant to the terms of the decedent’s will.

As with any personal injuries claim there is a "statute of limitations" for a wrongful death action. The statute of limitations begin when a connection between the decedent's death and the cause of the death is discovered by the party bringing the suit. Another way to start the limitation period is to appoint a personal representative. There are exceptions to limitations when the decendent's death is a result of a disease caused by toxic or hazardous substances.

Damages which are recovered during a wrongful death action are measured by pecuniary injuries. These injuries can include loss of suport, services, lost prospect of inheritance, and medical or funeral expenses. Pecuniary damages are determined by the age, character and condition of the decendent, earning capacity, life expectancy, heath, and intelligence. Punitive damages which are awarded to punish the wrongdoer are not recoverable in a wrongful death action in most states.

Because of the severity of a wrongful death case and many complex issues surrounding it, decisive action by an experienced attorney is necessary for a successful and significant recovery. Our worngful death attorneys have handled and litigated many wrongful death cases and made significant recoveries on behalf of the loved ones left behind from these senseless tragedies. Contact the law firm of Rutter Mills today- Where Personal Injuries Get Personal Attention!

Frequent Questions for Wrongful Death:

• What Are Virginia's Laws Regarding Wrongful Death Cases?
• What is "Wrongful Death?"
• Are Punitive Damages Recoverable In Wrongful Death Actions?

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