What would you do if a loved one was electrocuted and died as a result? Making matters worse, the death was the result of a faulty machine. The family will be in shock and go through the grieving process. It is going to be awful if the deceased was the main breadwinner in the household. Family members need to investigate whether they have a legal claim. Usually, immediate family members, like spouses and children, are the only ones who can sue for wrongful death.
Go online and visit us to find out how to make an appointment. a wrongful death lawyer in hampton, va, has years of experience handling such cases. It is not easy to win a wrongful death case because of the many challenges involved. The lawyer has to find the correct person to sue. In this case, possible defendants include the machine’s manufacturer and the employer. The lawyer must prove three things. First, the defendant owed the deceased a duty of care. Of course, the manufacturer owes a duty of care to people who purchase equipment. Secondly, the defendant must breach their duty of care. In this instance, the lawyer can show that the machine was built incorrectly. Finally, a link between the machine’s defect and the deceased’s death must be shown.
Plaintiffs are entitled to recover for a variety of damages. A wrongful death lawyer in Hampton, VA, will explain the various damages. Damages include pre-death pain and suffering and medical costs. Other damages include:
• Funeral expenses
• Loss of income
• Loss of consortium
• Loss of parenting that the deceased would have provided
In Virginia and some other states, the family may be awarded punitive damages, but the statute of limitations for filing a wrongful death lawsuit is two years in Virginia. Sometimes, the family may not be able to sue. That is because some government agencies and workers have immunity from lawsuits. Entities and persons that are immune vary from state to state. For example, federal laws give immunity to rail carriers and some manufacturers. Everyone should be able to sue if negligence causes a death. It is important to talk to an experienced attorney as they zealously represent their clients.