When an automobile accident, truck accident or doctor's negligence results in a fatality there are two separate claims that can be made on behalf of the victim's family and estate. A Virginia wrongful death attorney can bring a wrongful death action. This type of claim is brought by the immediate relatives of the victim. In a wrongful death claim the family seeks to recover for their losses resulting from the accidental death of a loved one. A Virginia personal injury lawyer can bring what is called a survival action on behalf of the victim's estate. A survival action claims damages for the injuries suffered by the decedent including the pain and suffering and other damages and actual expenses incurred by the victim up until the time of death. In Virginia, one must choose between a survival action and a wrongful death action. Virginia does not allow both claims to be pursued.
In a wrongful death action in Virginia, the amount immediate family members can recover is determined by the emotional and financial harm they experienced as a result of their loss. In a wrongful death case the estate of the decedent is not involved and the family members of the victim are acting entirely on their own behalf. In a survival action in Virginia, the amount the decedent's estate can recover is determined by the harm to the actual victim. The representative of the estate brings the lawsuit on behalf of the decedent.
The Virginia personal injury attorneys and Virginia wrongful death lawyers at Portner & Shure are experienced in handling these types of lawsuits. Our attorneys balance professionalism, aggressiveness and compassion when we represent client's who have lost a loved one
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