If your loved one was killed in a truck collision in Newport News, you may have several questions you need answered but don’t know who to turn to for help. You might be wondering what your legal rights are as a family member and what you can do to ensure justice is served for the untimely death of your loved one. If these are some of your concerns, it’s time you speak with a Newport News, VA truck accident lawyer.
What is a wrongful death lawsuit and why you should consider filing one?
If your loved one’s death was caused by “the wrongful act, neglect, or default of any person or corporation, and the act, neglect, or default is such as would, if death had not ensued, entitled [your loved one] to maintain an action and recover damages,” then the personal representative of the deceased may be entitled to take legal action on their behalf and sue the liable party for damages [Source: Virginia Code § 8.01-50]. Essentially, what this means is that you, as well as other family members who have been impacted by the death, can file a lawsuit on behalf of your deceased loved one in civil court. Your lawsuit not only helps to recognize the individual or entity for their negligence or wrongdoing, but it is also an opportunity for you and them to recover compensation for the suffering your loved one experienced as well as your losses.
Who qualifies as a personal representative to file a wrongful death claim after the occurrence of a truck crash?
According to Virginia law, the personal representative (i.e. individual(s) named in the will of the deceased] of your loved one’s estate is entitled to file a wrongful death lawsuit and spouses and children are entitled to collect compensation for their losses. Now, if you’re wondering what losses you are entitled to recover compensation for, it depends on a few different things.
- Was your spouse killed in the accident?
- Did they survive the crash but later succumb to their injuries and pass away?
The answers to these questions are very important as they shall determine what types of damages you are entitled to recover in the event you win your case. If your loved one was killed as a result of the truck collision, then you may be entitled to recover compensation for mental anguish, emotional distress, loss of companionship, burial expenses, and more. If they survived the accident but later passed away, then you may be eligible to receive the damages listed above plus compensation for medical bills as well as the pain and suffering your loved one endured as a result of the injuries they suffered.
Now, if you want to file a wrongful death claim on behalf of your loved one in VA, you are going to want to retain a truck accident lawyer in Newport News, VA who will file all the required paperwork with the court and help you identify your losses so that you request an accurate and fair amount in your lawsuit. If you’re ready to start the process, as difficult as it may be, Kozak, Davis & Renninger, P.C. is here to help you.
Kozak, Davis & Renninger, P.C. can be reached at:
355 Crawford Street, Suite 700
Portsmouth, VA 23704