Virginia Complaint for Wrongful Death - Multiple Counts
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How to fill out Complaint For Wrongful Death - Multiple Counts?
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FAQ
Generally, there are no caps on economic or non-economic damages for most standard personal injury cases.
Heirs and family members who file the wrongful death claim make a joint decision regarding each person's amount. Any children or surviving spouses are entitled to the majority of the settlement proceeds. A dependent parent may also receive a share.
Virginia wrongful death laws allow courts to award family members of wrongful death victims ?fair and just? compensation. In Virginia, there is no cap on damages (except for punitive damages) for wrongful death claims, unless the death resulted from negligence associated with medical malpractice.
The highest wrongful death settlement was $160 million.
You can recover damages for anything the decedent would have contributed while they lived. You can also recover what you lost for intangibles like moral support (general damages) and tangibles financial losses like gifts or benefits you expected to receive, including medical bills.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
Virginia law imposes a maximum cap on the amount of damages a plaintiff can get in a medical malpractice case. In 2023, the cap on malpractice damages in Virginia is around $2.5 million in total damages.