Lichtenstein Fishwick & Johnson PLC: Wrongful Death

Wrongful death actions are pursued by the personal representative of the deceased party's estate. If the deceased party has named an Executor under his/her Will, the Executor may bring the wrongful death action. If the deceased party dies intestate (i.e., without a will), the Administrator of the decedent's estate may bring the wrongful death action. If no Executor or Administrator has been appointed, an Administrator is appointed for purposes of pursuing the action. The Virginia wrongful death statute specifies who the beneficiaries are of the wrongful death action. The beneficiaries often include the surviving spouse and children. The statute also specifies the types of damages which may be awarded, including sorrow, mental anguish, and solace, which includes the loss of companionship, comfort, guidance, and advice of the decedent; compensation for reasonably expected loss of income of the decedent and the services, protection, care and assistance which would have been provided by the decedent; expenses for the medical treatment and hospitalization of the decedent incident to the injury which results in death are also included in the statute as are reasonable funeral expenses. Punitive damages may be pursued in certain cases.



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	Wrongful death actions are pursued by the personal representative of the deceased party's estate. If the deceased party has named an Executor under his/her Will, the Executor may bring the wrongful death action. If the deceased party dies intestate (i.e., without a will), the Administrator of the decedent's estate may bring the wrongful death action. If no Executor or Administrator has been appointed, an Administrator is appointed for purposes of pursuing the action. The Virginia wrongful death statute specifies who the beneficiaries are of the wrongful death action. The beneficiaries often include the surviving spouse and children. The statute also specifies the types of damages which may be awarded, including sorrow, mental anguish, and solace, which includes the loss of companionship, comfort, guidance, and advice of the decedent; compensation for reasonably expected loss of income of the decedent and the services, protection, care and assistance which would have been provided by the decedent; expenses for the medical treatment and hospitalization of the decedent incident to the injury which results in death are also included in the statute as are reasonable funeral expenses. Punitive damages may be pursued in certain cases.	PRACTICE AREAS Serious Personal Injury Medical Malpractice Wrongful Death Products Liability Criminal Defense (Federal and State) Commercial Litigation Business Torts Family Law Civil Rights Class Action Lichtenstein Fishwick & Johnson PLC Liberty Trust Building Suite 400, 101 South Jefferson Street P.O. Box 601 Roanoke, Virginia 24004-0601 Phone: 540-343-9711 Telefax: 540-343-9713 info@vatrials.com \| Disclaimer Charlottesville Office 401 E. Market Street, Suite 105 Charlottesville, VA 22902 © Lichtenstein Fishwick & Johnson PLC