Virginia Injury Attorney Blog

The February 2010 issue of Trial, the monthly magazine of the American Association for Justice (“AAJ”), marquees “Moving Violations”. It features such vehicle accident topics as “When Seat Belts Stop Short of Safety,” “Gear Up for Bicycle Accident Cases,” “Driving toward Justice in a Dram Shop Case,” and “Teaching Teens about Safe Driving”; plus a product liability one entitled “Toxic Hip Replacements”.

Mr. Waterman has been a member of AAJ since 1987. He regularly handles vehicle accident, product liability, and other personal injury and wrongful death cases.

Halloween! It is a time for fun, particularly for young children. It also is a time for safety, particularly with young children.

Parental vigilance assures that young trick-o-treaters do not become crime victims. Older children playing serious pranks, unsavory residents giving tampered snacks, and other unexpected mischief unfortunately are ghoulish specters.

But vehicle accidents loom as greater haunts. Adult supervision, well-fitting attire and lighting devices help protect young kids darting into traffic, tripping on roadways, etc.

Also, costumes should be flame resistant, especially when young ones will be around fireworks, candles, fires, and other combustibles. If a store-bought costume proves not to be flame resistant, a burn victim may have a defective products claim against the manufacturer and seller.

Finally, alcohol, drugs, and other intoxicants do not mix well with youngsters needing supervision. All too often substance abuse transforms good celebration into wrongful death.

Virginia law provides compensation for wrongful death caused by vehicle accidents, patient falls, other medical malpractice, defective products or other negligence. A wrongful death action must be brought by the personal representative of the deceased’s estate, i.e., the administrator, administratrix, executor or executrix. Generally any Virginia wrongful death lawsuit must be filed within two years of death, though there are some very limited exceptions.

Virginia statute specifies a jury or judge may award compensation for the damages of wrongful death. Those include, but are not limited to: (1) sorrow, mental anguish and solace of certain family members; (2) loss of income of the deceased; (3) services, protection, care and assistance of the deceased to those family members; (4) hospital and other healthcare expenses of the deceased; (5) funeral expenses; and for willfulness, wantonness or recklessness showing conscious disregard for the deceased’s safety (6) punitive damages up to $350,000.00. Solace of family members includes loss of society, companionship, comfort, guidance, kindly offices and advice of the deceased.

Family members entitled to compensation in Virginia wrongful death cases are classes of so-called “statutory beneficiaries”. The primary class consists of any surviving spouse, all surviving children and any child of a predeceaseing child of the deceased. If nobody is in that class, the secondary class is any parent, any sibling, and any other relative living with and finically dependent on the deceased. Adopted children and step-siblings are covered. See generally, Va. Code Ann. 8.01-50, et seq.

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