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Will wrongful death claim be filed in fatal accident?

The sudden loss of a loved one can be devastating. Not only does the family have to find a way to deal with a family member's premature death, but they must also deal with the financial impact of that loss. A wrongful death claim may not help with a family's grief, but it could help defray the financial deficit created by a victim's absence.

One family may seek civil relief in connection with the death of a Virginia man. He was heading north on Route 41 toward Route 727 as a second vehicle approached his from behind. For a reason still under investigation, that vehicle slammed into the back of his, which caused the man's vehicle to roll.

The 55-year-old man suffered fatal injuries during the crash and died at the scene.  The 25-year-old driver of the second vehicle walked away with only minor injuries, for which she was taken to a hospital in the area. Virginia State Police are still attempting to sort out the details of the incident. Therefore, it could be some time before charges, if any, are filed against the surviving driver.

Whether charges are filed does not change the fact that the victim's family can file a wrongful death claim in connection with this fatal accident. It will be necessary for the family to prove that the second driver was negligent and caused or contributed to the death of this their loved one. If they are able to do that, the court may consider an award of damages.

Source: wdbj7.com, "UPDATED: One killed in Pittsylvania County crash", , Oct. 6, 2014

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