This form is a Complaint for a Wrongful Death. Plaintiff demands a jury by trial, an award of damages, reasonable attorney fees, and other relief which is just and proper.
Virginia Complaint for Wrongful Death - Single Count
State:
Multi-State
Control #:
US-M6795
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint For Wrongful Death - Single Count?
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FAQ
Virginia law caps punitive damage awards at $350,000. While a jury may return a verdict for punitive damages over this amount, the judge will ultimately reduce the punitive damages award so it does not exceed the maximum amount.
To prevail in a wrongful death claim, the plaintiff must establish four key elements: duty, breach, causation, and damages. The plaintiff must demonstrate that the defendant owed a duty of care to the deceased, breached that duty, and that the breach caused the death, resulting in damages.
Ing to Virginia law, a wrongful death claim can be brought by a personal representative of the estate of the decedent. The representative is the person who handles the deceased person's estate. If the decedent left a will naming an executor, that person would be considered the personal representative.
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 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.?