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Wrongful Death Claim FAQs

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What constitutes a wrongful death case?

A wrongful death lawsuit is filed when an individual is killed as a result of someone’s negligence or other liability. The surviving family is entitled to monetary compensation. Wrongful death lawsuits differ from negligence lawsuits, filed by a person who is seeking damages for injuries.

What is the difference between civil and criminal cases filed because of someone’s death?

The government pursues a criminal case under criminal law. A civil case is generally a legal dispute between individuals and organizations. Whereas criminal cases can impose jail time, as well as monetary damages and other penalties, civil cases generally provide only for monetary damages.

Do all states have the same laws regarding wrongful death?

No, many differences exist among state laws. Some states don’t allow certain damage awards and may impose various statutes of limitation. This is just one reason why it is so important to work with the highly experienced Norfolk wrongful death attorneys at Kalfus & Nachman PC to make sure your rights are fully protected.

Can I sue for my loved one’s pain and suffering?

Yes, in addition to suing the responsible party for the wrongful death of your loved one, if the wrongful death occurred in North Carolina, you may seek damages for pain and suffering endured prior to your loved one’s death.

What’s the difference among lawsuits brought for wrongful death, murder, and medical malpractice?

Murder is a criminal act and is therefore prosecuted by the state under criminal laws. Besides monetary damages, jail time and other penalties may be imposed if the individual is found guilty. Wrongful death is prosecuted in the civil courts, with ‘a preponderance of the evidence’ used to prove the facts of the case. Medical malpractice is a type of negligent behavior on the part of medical professionals. However, not every medical malpractice case qualifies as a wrongful death case and not all wrongful death cases qualify as medical malpractice.

“Tell Them You Mean Business.”

If you or someone you love lost their life through no fault of their own, please contact Kalfus & Nachman PC online or call (855) 880-8163 to schedule a private, no-cost consultation. Our Norfolk wrongful death lawyers represent people in Hampton, Newport News, Portsmouth, Roanoke, and Virginia Beach, Virginia.

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