WRONGFUL DEATH
Virgin Islands Wrongful Death Attorney
Losing a loved one is an incredibly painful experience, and it can feel even more overwhelming if their death was caused by someone else's negligence or wrongdoing. The initial shock can leave you feeling lost and hopeless, and the financial challenges that may arise can add to your burden. While seeking financial compensation might not be your first thought during such a difficult time, it’s important to consider reaching out for legal support.
Preserving critical evidence during this time is essential. This might include surveillance footage from the event, statements from witnesses, or electronic data that could be vital to your case. At the Todman Law Firm, we’re here to support you through this difficult time and ensure you receive the compensation you deserve.
What is a wrongful death claim?
When considering compensation, it's important to recognize that it varies based on the specifics of your case and the severity of your injuries. Personal injury claims typically involve two categories of damages: general and special damages. General damages refer to compensation for pain and suffering, while special damages cover lost wages, reasonable medical expenses, and potential future losses linked to the injury. If your case involves intentional misconduct, you may be eligible for punitive damages, which serve to penalize particularly harmful behavior.
Who can recover money damages in a wrongful death claim?
In the Virgin Islands, only survivors are entitled to recover monetary damages in a wrongful death claim. The statute defines a survivor as the decedent’s spouse, children, and parents. Notably, siblings and other blood relatives may recover funds only if they can demonstrate dependency on the decedent's support for services. "Services" refers to tasks, typically household-related, that the decedent regularly performed and that will incur necessary expenses for the survivors. Additionally, there is another option for recovery under the Virgin Islands Code (Survivor Statute).
What is the deadline to file a wrongful death claim?
The deadline to file a lawsuit is known as the statute of limitations. In the Virgin Islands, most civil claims must be filed within two years from the date of the incident. However, several additional requirements must be met before filing a wrongful death lawsuit. Therefore, it is advisable to seek legal counsel promptly.
For instance, if the claim is against the Government of the Virgin Islands, proper notice of the claim must be provided to the government before the lawsuit is filed in court. This notice is referred to as a “Notice of Claim.” Failure to adhere strictly to Virgin Islands law may result in the dismissal of the claim.
What forms of recovery are available in a wrongful death claim?
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Each survivor may recover the value of lost support and services from the date of the decedent's injury until their death, including interest, as well as future loss of support and services from the date of death, reduced to present value.
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The surviving spouse may recover damages for the loss of companionship and protection, as well as for mental pain and suffering beginning from the date of the injury.
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Children of the decedent may recover damages for loss of parental companionship, instruction, guidance, and mental pain and suffering from the date of the injury.
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Each parent of a deceased child may recover for mental pain and suffering from the date of the injury.
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A survivor who has paid medical or funeral expenses resulting from the decedent's injury or death may seek reimbursement for those costs.
