We know how devastating it can be to find out that a loved one’s otherwise preventable death only occurred due to someone else’s carelessness or wrongdoing. We understand that no amount of money can ever replace a life, but seeking financial compensation can help families find some sense of justice and closure after an incredibly painful loss.
At Shapiro, Washburn & Sharp, our team knows how wrongful death cases work in Virginia, including those involving car accidents and medical mistakes. Our Virginia Beach wrongful death lawyers are fully committed to holding the responsible party accountable for what happened. At the same time, we work to reduce the financial stress placed on surviving family members. You can rely on us to guide you through each step of the process, from filing the claim to reaching a fair wrongful death settlement.
In the meantime, keep reading to learn about common challenges encountered during Virginia wrongful death lawsuits.
What Are the Challenges of Proving Intent?
The majority of deaths happen organically or by accident, but some are deliberately caused. Murder is a serious criminal offense and is handled through Virginia’s criminal justice system, not wrongful death claims. Wrongful death lawsuits are civil cases that allow families to bring legal action against the person who caused the death of their loved one, even if that person was not found guilty of murder or is unable to be charged with the crime.
When companies or governments are careless, and someone dies as a result, a legal case can still be brought. In these situations, a wrongful death lawsuit may be the only option when no single person can be held responsible. Although this situation is less than ideal, it may be the only way that families can seek justice for their loss.
Virginia wrongful death cases can be aided by proving that a family was dependent upon the victim. Cases where a family’s breadwinner dies due to someone else’s negligence tend to have a certain resonance with jurors, who are more likely to decide that the family that is now left without a steady source of income is owed a considerable settlement.
What Are the Challenges of Proving Negligence?
When negligence is involved, there is often clear evidence that a wrongful death occurred. This is most common in situations such as workplace accidents, mistakes by public employees, or safety problems that were ignored. When it is clear that another party caused the death and should have acted more carefully, it becomes easier to hold that party responsible via a wrongful death claim.
If someone at work uses equipment without the proper license or training, they are at fault. If the employer also failed to provide proper safety equipment to protect workers, that is negligence as well. When someone is drunk or impaired by drugs, whether prescription or illegal, while using heavy equipment, they put everyone nearby in danger. This scenario is a flagrant example of negligence.
If, while taking public transportation, a train conductor or bus driver disregards safety regulations and, in doing so, endangers you and the other passengers, that is negligence. Failing to check brakes or other equipment before picking up passengers can also prove negligence, as it shows that basic but vital safety steps were ignored.
What Are the Challenges of Proving a Reasonable Expectation of Safety?
In negligence cases, the victim had a reasonable expectation of safety. No one plans on their cabbie driving straight into oncoming traffic or a bus driver plowing through an occupied crosswalk. When drivers break the law, fatal accidents are often the result, even if the victim had every expectation of others obeying the rules.
For example, when you get on a carnival ride, you expect it to be safe and well-maintained. While occasional small accidents are unavoidable, a death caused by the carnival’s failure to follow state safety regulations is hardly the victim’s fault.
People go through daily life, rightfully expecting their basic safety to matter to others. We expect zoos to keep the cages of dangerous animals locked. We expect that our bus won’t be operated by a driver whose license is currently suspended. We expect our pilot to keep his pre-flight cocktails to a minimum. These are perfectly reasonable expectations people have as they go about their day. However, if they are violated, they can lead to preventable injuries and deaths.
What Are the Challenges of Proving Medical Malpractice?
Medical malpractice is a common reason families file wrongful death lawsuits. When someone is being treated by a doctor, surgeon, or anesthesiologist, they expect to be safe and for current medical standards to be upheld. Medical professionals are supposed to care for patients and protect them from harm.
Even so, medical care can involve serious risks. If a doctor or other medical professional is not careful enough, they can endanger a patient’s life. When they fail to use proper care or judgment, their mistakes can lead to a loved one’s death.
Medical professionals can also be held responsible if they notice a serious problem and fail to address it. They are supposed to speak up if they see something wrong. If they don’t, they are both endangering lives and failing to do their job properly, which could make them legally liable.
What Are the Challenges of Dealing With the Emotional Fallout of a Wrongful Death?
One of the hardest parts of a wrongful death lawsuit is coping with your family’s emotions during the process. Regrettably, building a strong Virginia wrongful death case necessarily involves reliving your loved one’s death. This can lead to sadness and depression, even while you are trying to find closure and justice.
Discuss Your Case With a Virginia Beach Wrongful Death Lawyer
If you lost a family member because of someone else’s carelessness, you may not know if you have a wrongful death case. The experienced Virginia Beach wrongful death lawyers at Shapiro, Washburn & Sharp can review what happened and explain your rights and options during a free consultation.
We work hard to help our clients recover as much compensation as possible by offering guidance and legal support every step of the way. In a recent case, we secured a settlement of $3.5 million for the family of a man killed by a careless truck driver. To set up a free case review, call (833) 997-1774 or complete our simple online contact form.
To better assist our clients across Virginia, we have offices located in Virginia Beach, Norfolk, Portsmouth, and Hampton.
