Kendall Law Firm Blog

Can You Recover Emotional Damages in a Virginia Wrongful Death Claim?




  |  posted by Kendall Law Firm   |   Wrongful Death

Emotional damages in a wrongful death claim.

Suffering the loss of a parent or child – particularly when his or her death is caused in an accident at the hands of a negligent or reckless individual – is a truly heartbreaking moment in a person’s life.

The emotional pain and suffering that you endure as one of the deceased’s surviving family members will not ease any time in the near future. It is for this reason that emotional damages must be considered and added to calculations when determining the true value of a wrongful death lawsuit or claim in Virginia.

In many cases, insurance companies cannot be trusted to take emotional damages into consideration. As far as many of these companies are concerned, the value of a claim is strictly economic, or tangible. Medical expenses, burial costs, vehicle repairs and loss of personal property and similar economic damages are what they consider as fair compensation. Generally, their goal is to pay the family as little as possible.

However, by hiring a skilled wrongful death attorney, it can dramatically improve your chances of being able to be compensated for emotional distress, mental anguish and the personal devastation that the death has caused your family.

What Does Virginia Law Allow for Emotional Damages?

The pain and suffering that survivors may need to endure following the loss of a loved one in a wrongful death accident is unimaginable.

For example, when a spouse is lost, it may leave the surviving spouse suffering from severe depression or inconsolable loneliness.

Children who lose a parent in an accident caused by a negligent or reckless party are often emotionally scarred for life as well. Not only will their parent not be there to watch them as they grow up, he or she will not be able to witness the countless milestones and key events in the child’s life.

The parent will not be there watching the child graduate, get married, enjoy being a grandparent or experience the moments which most children long to share with their parents.

Virginia law provides a legal remedy.

According to § 8.01–52 of the Code of Virginia, emotional damages in a wrongful death case can be awarded in an amount that is deemed “fair and just” for:

  • Sorrow
  • Mental anguish
  • Emotional distress
  • Psychological loss
  • Solace, including affection, companionship, comfort, guidance, kindly offices and advice which the deceased may have been able to provide had he or she continued to live a natural lifetime.

Why Do You Need a Virginia Wrongful Death Lawyer?

Proving negligence is the critical point in any wrongful claim lawsuit or claim. An attorney can compile evidence that is needed to prove that another party’s negligence, carelessness or reckless behavior was directly responsible for the untimely death of a loved one.

Additionally, an attorney can bring an in-depth understanding of liability and wrongful death laws to your case and seek maximum compensation for you, including emotional damages as discussed above.

At Kendall Law Firm, we understand what it takes to prove negligence. We also work hard to seek meaningful relief for the families of accident victims.

With more than 25 years of personal injury experience, and membership in the Million Dollar Advocates Forum®, you can count on us to provide the personalized service that you deserve during this difficult time. Our goal is to help you pursue the maximum in financial damages so you can rebuild your lives following such a terrible tragedy.

Call or contact us online to speak with a Virginia wrongful death attorney at Kendall Law Firm.

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