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Workplace Injury Frequently Asked Questions

WARNING: All of the information provided here is of a general nature only. The specific facts of your case may require a completely different answer. Do not base any decision with respect to your case solely on any of the answers found herein. Prior to making any decision with respect to your case, you should speak with a competent attorney who is familiar with the laws that relate to your case.

What kind of items will I need or my lawyer need to assist them with proving the wrongful death claim?

As stated above, the first item would be the death certificate. After that, you will need to obtain the Letters of Administration appointing you or someone else as Administrator or Personal Representative of the Estate for the purposes of the wrongful death claim.

 

After that, we usually want to see any tax returns of the deceased for the last few years, and any and all family photos and videos depicting the deceased. Don’t worry, we will digitize everything and will get it back to you.

 

The administrator will then be asked by our office to sign authorizations for us to obtain medical records as we will need to obtain a complete medical history of the deceased, not just relating to his or her death, but also for the years preceding his or her death. This is because any difficult medical issues the decedent was suffering from before death will impact his or her projected life expectancy for damage purposes. It is therefore crucial that we know as much as possible about any and all prior medical issues relating to the deceased.

 

In addition, if the deceased was a child, we will usually order grades and test scores and any counseling the deceased underwent while they were alive.

 

As discussed above, in Virginia, sorrow and mental anguish of the beneficiaries is an extremely important element of damages. Depending on the case, it is usually advisable for you and any affected beneficiary to attend grief counseling and seek psychiatric care as well.

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Virginia Beach Office

5500-B Greenwich Rd.
Virginia Beach, VA 23462

Elizabeth City Office
(by appointment only)
507 E Main St #K
Elizabeth City, NC 27907

If you are looking at this site, you or a loved one has probably been hurt. If that's true, you've come to the right place. Helping people who have been hurt is what we do. In fact, it is all we do. Joe Miller Law is a law firm concentrating exclusively on representing people who are injured by the carelessness of others or those hurt on the job. We provide the highest quality legal services to people who have been seriously injured. We practice Personal Injury law and Workmens' Compensation law in both Virginia and North Carolina.