Wrongful Death Lawsuits Vital for Families of Victims

Norfolk, VAA wrongful death lawsuit may be the furthest thing from your mind when dealing with a loved one passing away, but if your loved one died as a result of someone else's negligence or actions, such a lawsuit might just be vital. It may seem in poor taste to file a lawsuit, but wrongful death laws were created not only to punish those who are guilty of committing an act that results in death, but also to compensate family members who lose financially when a loved one dies. And although it may not be immediately apparent, there are many financial consequences to an unexpected death.

There are 4 main components to a wrongful death claim. Regardless of what state the death occurs in (each state has its own wrongful death laws), all wrongful death lawsuits must have these 4 components. The first is that the death must have been caused in part or in whole by the defendant's conduct. This means that the defendant must have played a role in the death. However, it does not mean that the defendant was the sole cause of the death, just that the defendant's actions (or inaction) somehow resulted in a death. There have been many wrongful death lawsuits filed in which the victim was being held in jail, was critically ill and the jailers did not get that person proper medical attention. Although the jailers were not fully responsible for the victim being ill, they should have taken action to get that person medical help, which makes them at least partially responsible for the death.

For example, a lawsuit was recently filed in Norfolk, Virginia, alleging that a young man who was being held in jail was not provided medical attention, despite his complaining of bleeding in his mouth and nose, blood in his vomit and blood in his urine. According to the lawsuit, the blood in the victim's urine was verified by a nurse, who recommended the man see a doctor. However, he was never given proper medical attention and later died. The victim's mother has now filed a $5 million wrongful death lawsuit against the company that provides medical attention to people in jail, alleging the man's death was preventable.

A second component is that the defendant was either negligent or strictly liable for that death. Recently, a negligence lawsuit was filed against a nursing home, alleging that 4 employees of the home were negligent in the death of a senior. Furthermore, the suit alleges the employees attempted to cover up the senior's death. The victim was an 89-year-old woman who left her nursing home in only her nightgown and died of hypothermia. According to the lawsuit, the senior, who had dementia, was wearing an ankle bracelet that alerted staff to when she was outside, but the on-duty employee did not check on the senior after the alarm sounded because she was watching a television show.

The third component of a wrongful death lawsuit is that the victim has a surviving spouse, child, beneficiary or dependent. Without such people, a wrongful death lawsuit cannot be filed. Furthermore, without survivors, there is no one who is financially damaged by the wrongful death, which is the fourth element of a wrongful death lawsuit. Part of the rationale for allowing wrongful death lawsuits is that someone has been harmed financially by the death and the lawsuit allows for compensation for that harm. It does not mean that there is a dollar value on the life that is lost. Rather, it means that somehow the victim's survivors have been impacted financially by the death and deserve compensation for their financial losses.

This financial harm can take a variety of forms. It can include costs associated with the death, such as medical costs and funeral costs. It can include loss of income or future earnings.

An important goal of wrongful death lawsuits is to encourage people and organizations to consider their actions carefully and conduct themselves in a safe manner. In that sense, wrongful death laws are meant as a deterrent. Filing a wrongful death lawsuit over the death of a loved one can help to ensure that other people will learn from your situation (and the situation of those who caused the wrongful death) and conduct themselves in a safe manner. It can also hold those who are responsible for the death accountable for their actions. After all, some wrongful deaths are caused by companies and organizations that cut corners and profit from selling defective products. It is not right that those companies make money off a product that has caused the death of your loved one.