Carter Craig, Attorneys at Law

Wrongful Death Archives

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Necessary elements for wrongful death litigation

It might seem unlikely that an individual would be found guilty in civil court for the death of another party if a criminal court has arrived at a not-guilty verdict. However, many Virginia residents remember this outcome being the case for O.J. Simpson in the 1990s. The standard of proof for a guilty verdict in criminal proceedings is quite high, but only a preponderance of evidence is needed to arrive at a guilty verdict in civil action for wrongful death.

Calculating wrongful death damages when the victim is a child

The death of anyone in an otherwise preventable accident is devastating, but the loss is especially tragic when the victim is a child. When a child in Virginia dies in an accident that was the fault of another individual, the parents may want to pursue a wrongful death suit. However, calculating damages in such a suit can be complex.

What are the necessary elements in a wrongful death lawsuit?

It can be devastating for any Virginia resident when a family member is killed in an unexpected accident. It can take people months or years to move on from this person's death. In many cases, surviving family members are a left without a breadwinner, someone to look after the children, without the love and support of a husband or wife or without the guidance of the parent.

Dangers of workplace falls for Virginia workers

Losing a loved one is never easy. Not only do people feel the emotional pain of their loved one's absence, but often a person's death can also result in serious financial consequences for those who remain. When a loved one's death is caused by the negligence of another person, the death can be even more painful. This is because the death could have been avoided if more care had been used. In these cases, surviving family members are unexpectedly left to deal with the financial and emotional fallout caused by the serious accident.

Proving fault in a wrongful death case may not be straightforward

It typically is not possible for a layperson in Virginia, or in any other state in the U.S., to treat their own illness. Normal, everyday people often do not have the necessary medical knowledge to assess and implement accurate and adequate treatment. Hence, a visit to the doctor often becomes mandatory in the case of an illness. A person expects that the doctor will administer the appropriate treatment; however, that is often not the case. Unfortunately, a patient may be seriously injured or die because of a medical professional's negligence.

Nursing home neglect or abuse may lead to suicide in Virginia

The elderly make up the largest segment of nursing home population and, as a general rule, need a lot more medical care on an average basis compared to their younger counterparts. Sometimes spending time in a nursing home may aggravate a patient's condition instead of curing it. In extreme cases, nursing home residents who have suffered years of abuse while living in a nursing home might feel compelled to take their own lives due to the psychological stress, abuse and neglect meted out by nursing home staff.

How Virginia courts calculate damages for wrongful death

If a person dies due to another person's negligence or misconduct, Virginia laws provide surviving members of the victim's family the right to file a lawsuit against the person at fault. If family members of the deceased succeed in proving their claim in court, they may be paid damages by the defendant.