Seeking justice after losing your child in a Virginia accident

On Behalf of | May 21, 2024 | Personal Injury

Suddenly and prematurely losing your child because of another driver’s recklessness is a tragedy that no parent should ever have to endure.

If you are navigating these devastating circumstances; you can find some measure of justice in pursuing a wrongful death claim. While compensation cannot undo this unimaginable tragedy, holding the irresponsible at-fault party/parties accountable may give you and your family some comfort over time.

What is a wrongful death claim?

Under Va. Code § 8.01-50, Old Dominion Law stipulates that you can pursue compensation for the loss of your child if another person’s recklessness or consciousness caused their death. State law acknowledges that you and your family may require financial support during this challenging season. Since you were the parent of the deceased, your relationship with them makes you eligible to pursue a wrongful death claim. If you choose not to pursue any legal action, your child’s other parent may also pursue compensation.

Proving a wrongful death claim

The merit of your wrongful death claim will hinge on some key elements. First, it’s critical that you demonstrate proof of your child’s passing by presenting a legitimate death certificate. This requirement can feel inconsiderate and invalidating of your reality since the loss of your beloved child is self-evident. However, it’s crucial to remember that this is a legal requirement and fulfilling it doesn’t make light of your pain.

You should also be able to prove that your child’s passing was a result of the recklessness of an at-fault party. To start working toward fulfilling this requirement, you’ll need a copy of the police report that documented the car accident that took your child’s life. Lastly, it’s crucial to demonstrate that the sudden and premature loss of your child caused you significant financial loss, companion loss and mental distress.

The aftermath of your child’s death is obviously an unimaginably devastating season for you and your family. So naturally, you can be tempted to pass up the chance to pursue a wrongful death claim. After all, compensation cannot undo the accident that took your child’s life. However, legal action can potentially hold an at-fault party accountable and take certain financial burdens off your shoulders as well.