An elderly man was killed in a hit and run accident in Falls Church, where police are looking for leads. According to the police report, the accident took place on January 18th on Route 50 in Falls Church. Pericles Apostolou, 93, was struck just before 6:00 p.m. in the westbound lanes of Route 50 at Summerfield Road. He was later pronounced dead at the hospital. The witnesses to the accident could only identify the vehicle as a dark colored truck. The debris left behind in the accident included Mr. Apostolou’s cane, bags, shoes, and pieces of the vehicle that struck him.
There is no crosswalk where Mr. Apostolou was struck and killed, and nearby residents say that it is common to see people crossing Route 50 where the victim was killed despite the lack of crosswalk. Police reported that a woman was also killed on Route 50 last September near Graham Road while crossing the street, which is just about a mile away from this fatal accident. The family of the victim said that he was born in Greece but had lived for decades in the United States, and they encourage anyone who knows anything to turn report it to police.
Wrongful Death in Virginia
Virginia law defines wrongful death as a death caused by the wrongful neglect, act, or default of another party. An action for wrongful death may be brought by the family of the victim if the victim would have been able to bring a lawsuit for personal injury had he lived. Virginia requires that the family of the victim file a lawsuit within two years of the date of death, or else the statute of limitations allows for the case to be thrown out of court.
In Virginia, a wrongful death lawsuit must be filed by one or more statutory beneficiaries. This includes family members, dependents, or anyone else who could recover compensation from a wrongful death claim. This includes a spouse, children, parents, siblings, and any other family member entitled to part of the victim’s estate. Surviving spouses, children, and grandchildren have the initial right to file a claim, and if none exist then the siblings, parents, and dependents may file a case.
Compensation for Wrongful Death
Damages for a wrongful death claim include payment for economic and noneconomic damages suffered by the family of the victim. This includes payment for lost wages and benefits, loss of inheritance, final medical expenses, reasonable funeral and burial costs, sorrow and mental anguish, loss of the victim’s care, comfort, guidance, companionship, and advice, and possible punitive damages. Punitive damages go above and beyond compensatory damages for a wrongful death and are only awarded when the acts that led to the victim’s death were particularly egregious. Punitive damages are meant as punishment against the wrongdoer and serve to deter others who may consider similar actions.
Talk to Our Office Today
If you wish to file a wrongful death lawsuit in the Fairfax area, call or contact the office of Whitestone Young today. Schedule a free consultation of your wrongful death case with one of our experienced attorneys.