It is never easy to lose a family member. However, the grief can be even more intense when their death was caused by a preventable truck accident.
Fortunately, you may be able to file a wrongful death action to hold the negligent trucking company and trucker responsible for compensating you for your injuries. While money will not bring back the joy of having your loved one with you, it can help compensate you for your losses and help you move on with your life.
Compensation You Can Recover in a Wrongful Death Action
A wrongful death action is a type of claim that can be brought by a victim’s heirs when their loved one was killed in a truck accident caused by the trucker’s negligence. Only certain family members are allowed to file a wrongful death claim in Virginia. This includes the individual’s spouse, children, grandchildren, parents, and siblings.
The compensation awarded is slightly different than what a victim can recover if they had survived the truck accident. The damages are to compensate family members and the victim’s estate. Types of compensation that can be recovered include:
- Medical expenses. The cost of the deceased’s medical care for the injuries they suffered in the truck collision before their death can be recovered in a wrongful death claim.
- Funeral costs. Reasonable funeral and burial expenses should be included in the settlement.
- Pain and suffering. Family members are entitled to be compensated for the pain, suffering, and grief they suffered due to the loss of their loved one.
- Loss of income. Surviving family members who relied on the victim’s financial support are entitled to lost wages and benefits, which include the income and benefits the deceased would have earned if they had lived.
- Loss of care. Another type of compensation awarded in wrongful death actions is damages for the loss of the care, comfort, advice, and guidance of the victim.
- Punitive damages. While punitive damages are not awarded in all truck accident cases, this type of compensation can be recovered if the trucker’s or trucking company’s actions were especially reckless. They are awarded to punish them for their actions rather than to compensate the family of the victim.
Were you or a family member injured in a truck accident that was not their fault? Our compassionate and skilled truck accident lawyers are here to take over all the steps in filing and settling your claim for the compensation you deserve so that you can focus on your grief and going on in life without your loved one. Call our Norfolk office today to schedule your free consultation.