What Happens If My Child Was Killed While Riding A Motorcycle In Virginia?
Key Highlights:
- It is without any doubt one of the most difficult situations a family could go through to lose their child as a result of a motorcycle accident.
- In a child wrongful death case, a suit for wrongful death is brought on behalf of the child.
- Child care standards by age (under 7 / 7-14 / 14-18) in Virginia are different than that of adults’ fault share.
- Sorrow, mental anguish, solace, loss of companionship, pain and suffering, and funeral expenses can be recovered without any limitation.
- There is a two-year wrongful death deadline (§ 8.01-244), and evidence is perishable.
Child killed in a Virginia motorcycle accident? No parent ever expects to lose their child to such a traumatic experience as a motorcycle fatality, but the legal issues that arise after the accident may be equally difficult. The information on this page will help explain, in simple terms, what will happen legally after your child’s death in a wrongful death claim Virginia under Virginia law.
They do not need to suffer because of legal problems as well. My name is Robert Tatum, and I am the founder of Tatum & Atkinson Law Firm. In the last ten years, the veterans’ law firm has been able to gather over 65 years of experience in dealing with wrongful death cases of children resulting from Virginia motorcycle accidents.
As a team of wrongful death attorneys in Virginia, we know how to investigate an accident and get full compensation for a wrongful death case in Virginia.
Who Can Pursue a Claim on Behalf of Your Child
Motorcycle accident wrongful death claims on behalf of a child are pursued by the personal representative/estate administrator of the child’s estate. If the child does not have a will, the usual practice is that a parent petitions the court to be the administrator of the estate as per Code § 8.01-50.
This recovery cannot go to the child’s estate; rather, it is reserved for the child’s statutory beneficiaries (parents and siblings), who are normally the parents or other siblings of the child.
The Discovery of How It Really Happened
Due to Virginia’s liability laws being very strict, often the discovery of how the accident occurred dictates whether a case is won or lost. The accident investigation evidence needed is the following:
- The police crash report.
- Photos of the scene of the crash.
- Witness statements.
- Video or images taken from traffic or surveillance cameras.
- The examination of the vehicles involved.
- Accident reconstruction.
- Medical reports.
This can quickly become outdated, hence the reason families are advised to get somebody to start gathering this evidence soon enough.
Establishing Fault in the Case of a Minor Rider
Virginia subscribes to the doctrine of pure contributory negligence / 1% rule in its purest form: any fault shown on the part of the child, even if to the extent of only 1%. percent, may completely defeat the plaintiff’s case. It is a stringent standard to follow; hence, the aggressive nature of these kinds of cases.
In Virginia, however, there is a different test for a child’s negligence compared to that of an adult.
- A child under seven years old cannot be held liable for negligence per child standard of care by age (under 7 / 7-14 / 14-18).
- When dealing with children between 7 and 14 years of age, it is assumed that they do not have the capacity to be negligent, but it is the burden of the defendant to prove this.
- In case the child is above 14 years of age, his/her conduct will be measured in accordance with how a reasonable child of the same age, knowledge, and understanding should conduct himself/herself.
There is, however, an exception in the case of motorcycles; when a minor operator held to adult standard is operating the motorcycle, he/she will be held to the same standard of care as an adult driver.
What Can Be Recovered for Your Loss Under Virginia Law
No amount of money can adequately compensate a family for the loss of a child. The following are among the types of damages that may be recovered in a wrongful death claim Virginia under Virginia law:
- sorrow
- mental anguish
- solace
- pain and suffering
- and loss of companionship and services
- society
- comfort, and guidance
The care and services the child could have been expected to provide; expenses for medical treatment related to the crash; and funeral and burial expenses.
Punitive damages are recoverable if the actions leading to the death were done in a malicious, willful, or reckless manner. There is no damages cap on compensatory damages in Virginia, see Va. Code § 8.01-52.
The Burden You Carry, and a Deadline You Cannot Miss
It shouldn’t be difficult for any family to grieve without any kind of pressure being put on them, but there is a deadline for initiating an action on a claim of wrongful death within two-year wrongful death deadline (§ 8.01-244).
A wrongful death lawyer Virginia can bear the burden of filing your claim on time, as well as handling the insurance company, the investigation, the expert witnesses, and all of the other tasks associated with bringing a motorcycle accident wrongful death lawsuit.
When You Are Ready, Tatum & Atkinson Law Firm Will Be There To Help You
None of the above will make your suffering any easier. However, should you ever decide to find out about what your legal rights may be, we will be glad to talk with you without any kind of pressure at all.
Tatum & Atkinson Law Firm, your trusted Virginia wrongful death attorney and Virginia motorcycle accident attorney team, represents clients from an office in Cedar Bluff, dealing with child killed in a Virginia motorcycle accidents and wrongful death cases throughout southwestern Virginia. We can take care of the accident investigation, insurance companies, and legal issues for you so that you can concentrate on being there for one another as a family.
Please call (800) 529-0804 whenever you are ready. We do not charge anything unless we win your case, and your first phone consultation is completely free of charge.
FAQs: What Happens if My Child Killed in a Virginia Motorcycle Accident?
Do both parents have to file the claim together?
Not quite. The suit is brought by one personal representative/estate administrator of the estate of the child, most commonly one of the parents acting as administrator, but not by each family member individually. Yet the recovery is supposed to be for all statutory beneficiaries (parents, siblings) of the child, most commonly both parents and brothers/sisters.
What if the insurance company blames my child for the crash?
Indeed, it is worth anticipating because in Virginia, under the pure contributory negligence / 1% rule state’s fault system, the easiest way for the defendant to pay nothing is by proving even the smallest fraction of the fault of your child. Hence, be careful about making any recorded statements or agreeing to any accounts of what happened.
How long does a child’s wrongful death case usually take?
It varies from one situation to another because it is impossible to predict how long it will take before liability will be established or resolved. In some cases, the issue may be solved within a year since the accident investigation and negotiations begin; in other cases, it takes more time due to a dispute about the fault or a trial.
Who receives the money from a wrongful death recovery?
It is done in the best interests of the statutory beneficiaries (parents, siblings) of the child, who are the parents and the siblings. The court approval of settlement of the wrongful death case in Virginia is done with the approval of the courts, and the court controls the distribution of the recovery amount.
What does it cost to hire a Virginia wrongful death lawyer?
No fee upfront. Such child wrongful death cases are done on a contingency basis, and thus there is no fee to be paid unless a recovery is obtained, and the first conversation is always free of charge. Accident investigation, reconstruction, and the costs of experts are borne by the firm and not the family. Contact a wrongful death lawyer Virginia today.
