Discover How an Experienced Attorney Can Help You! CONTACT US TODAY
wrongful death

Finding Justice in Wrongful Death Claims

Blaszkow legal Dec. 5, 2023

Jurisdiction Matters: Understanding Who Can Legally File for Wrongful Death

The loss of a life due to another's negligence or intentional act creates a ripple effect, impacting families and communities. This loss is not only emotional but also often encompasses financial hardship and the quest for justice. In legal terms, this is where wrongful death claims come into play. Such claims provide a mechanism for families to seek compensation for their loss. However, understanding who is eligible to file these claims and the nature of the damages recoverable can be complex, as it varies from state to state.

Understanding Wrongful Death Claims

A wrongful death claim arises when an individual dies due to the legal fault of another person. These cases can result from a variety of scenarios including, but not limited to, car accidents, medical malpractice, or harmful products. The legal process allows lawsuits to be filed to benefit certain individuals close to the decedent. The law typically permits immediate family members, such as spouses, children, or parents of unmarried children, to seek compensation. In some states like Virginia, the law expands this right to siblings and other dependents, recognizing the broader spectrum of relationships affected by the tragedy.

The nature of claims and damages in wrongful death cases are categorized into two types: wrongful death actions and survival actions. Actions for wrongful death are designed to provide recompense to family members for the personal losses they endure following the demise of a loved one. This compensation covers the loss of companionship, the emotional turmoil suffered, and the financial support or income the deceased would have contributed. Survival actions, on the other hand, are brought on behalf of the decedent’s estate to recover damages the deceased person could have claimed if they had survived, such as medical expenses and conscious pain and suffering prior to death.

The Variations in State Laws

The laws governing wrongful death claims are complicated and vary significantly from state to state, not only in terms of who can file but also regarding the types of damages that may be recovered. For example, in Virginia, siblings may have the opportunity to file a claim, which is not a universal standard across all states. The variations underscore the importance of understanding the specific wrongful death statutes within the jurisdiction where the incident occurred.

It is crucial for families to consult with a legal team that is well-versed in the wrongful death laws of their state. A thorough legal assessment can help determine the appropriate action to take, whether it's a wrongful death or survival action, and clarify the potential damages that could be awarded. Navigating this complex process requires a law firm that is knowledgeable of the applicable legal framework, aggressive in pursuit of justice,creative   in legal strategy, and thorough in its investigation and preparation of the case.

A Legal Team Who Fights for Your Family

If your family has suffered the unimaginable loss of a loved one due to another's negligence in Virginia, Maryland, or the District of Columbia, seeking legal guidance is a critical step toward achieving justice and financial stability. At Blaszkow Legal, PLLC, we are committed to helping accident victims and their families rebuild their lives. We understand the profound impact of your loss and are dedicated to making the law work for you with an aggressive, creative, and thorough approach.

If you believe you have grounds for a wrongful death or survival action, do not navigate this complex and emotional process alone. Contact our office by calling (703) 879-5910 to schedule a consultation where we can discuss your case and provide the support and direction you need.