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Filing a Wrongful Death Case in Virginia
The unexpected loss of a loved one is a painful and traumatic experience, especially when the death was due to the gross oversight or negligence of another person or entity. If you have suffered this type of loss, a Virginia wrongful death lawyer may be able to help you. Wrongful Death Cases A wrongful death claim is a legal claim filed by the heirs of someone who was killed because of someone else’s illegal or neglectful actions. Wrongful death cases in Virginia are filed in court like other personal injury matters. However, the parties to wrongful death cases can be different and the damages are calculated and collected in a different way. Who Can File? Virginia’s wrongful death statute states that whoever is appointed by a will or by the Commonwealth is the qualified personal representative of the deceased person’s estate. Under this statute, the legal beneficiaries of the deceased can collect in a wrongful death case. Additionally, adopted children and sometimes stepchildren are considered the deceased’s beneficiaries under the law. However, when other family members (like parents or siblings) are financially dependent on the deceased, they may also collect wrongful death damages. In cases where the deceased has no