Losing a family member is one of the toughest experiences anyone can face. However, when that loss is due to the negligence of another person or entity, it can be even more challenging to accept. As a Virginia personal injury lawyer, I am committed to advocating for the rights of families who have lost loved ones in car accidents and other instances of negligence.
If you recently lost someone close to you, I extend my sincere condolences. I’m Ed Atkinson, and I started Atkinson Law to provide a better, more personalized law firm for potential clients like you. I will work hard to achieve justice for your loved one during this difficult time. Please contact Atkinson Law today for a free, no-risk consultation.
How does Virginia Define Wrongful Death?
According to Virginia law, a wrongful death occurs when someone dies due to the “wrongful act, neglect, or default” of another party. This means that if a person would have been able to file a personal injury claim if they were alive, then their family may be able to bring a wrongful death claim on their behalf.
The laws surrounding wrongful death cases in Virginia can be complex, so working with an experienced attorney who can guide you through the process is vital. As a personal injury attorney, I have extensive knowledge of Virginia’s wrongful death laws and can help you navigate the legal system.
For a free legal consultation with a wrongful death lawyer serving Virginia, call 757-648-8579
What Kind of Wrongful Death Claims Are There in Virginia?
As an experienced Virginia wrongful death lawyer, I will explain the different types of wrongful death claims that can be pursued in Virginia.
Here are five examples of wrongful death claims:
- Car accidents: When a driver’s negligence or recklessness causes a fatal car accident, truck accident, or motorcycle accident
- Medical malpractice: When a healthcare provider’s negligence leads to the death of a patient
- Dog bite: When an individual is fatally injured by an aggressive dog
- Defective products: When a defective product causes the death of a consumer
- Maritime accident: When negligence causes a fatal boating incident
It’s important to note that these are only five examples of the many types of wrongful death claims that can arise in Virginia.
Any situation in which a person’s negligence, recklessness, or conscious disregard for another’s safety results in the death of another person may be grounds for a wrongful death claim.
Virginia Wrongful Death Lawyer Near Me 757-648-8579
What Kind of Compensation Can You Seek in a Virginia Wrongful Death Case?
While no amount of money can make up for the loss of your loved one, pursuing damages may help you get the financial support and closure you need to move forward.
As a dedicated and experienced attorney, I can help you pursue compensation for various losses, including funeral and burial expenses, loss of income, loss of companionship and support, pain and suffering, and punitive damages.
- Medical expenses: If your loved one incurred medical expenses related to their injury before passing away, you could seek reimbursement for those bills.
- Burial and funeral expenses: Funeral and burial expenses can quickly add up. Pursuing compensation can ensure you have the financial means to say goodbye to your loved one with the dignity and respect they deserve.
- Loss of income: Loss of income compensation can help provide for your family’s financial needs and may include the income your loved one would have earned and any future earnings had they not passed away.
- Loss of companionship: Compensation for loss of companionship and support acknowledges the emotional toll that losing a loved one can have on you and your family. It seeks to compensate you for the care, support, guidance, and companionship your loved one provided before their passing.
- Pain and suffering: Pain and suffering compensation addresses the emotional and mental distress caused by your loved one’s death, including the shock, grief, and other negative emotions that may arise.
- Punitive damages: Punitive damages are designed to punish the at-fault party for their negligence and discourage similar behavior in the future. Pursuing punitive damages can also send a strong message to others, letting them know that reckless behavior that leads to fatal motorcycle accidents will not be tolerated.
It’s important to note that the specific types of compensation you can receive in a wrongful death case will depend on the unique circumstances of your loved one’s passing. However, I can review your case and explain your options for pursuing damages.
Please know I am here to support you and your family during this difficult time. Together, we can work to pursue the compensation you need and deserve while honoring your loved one’s memory and seeking justice on their behalf.
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Who Can File a Wrongful Death Lawsuit in Virginia?
In Virginia, the Code of Virginia § 8.01-53 provides the specifics on who can file a wrongful death lawsuit. The statute states that the personal representative of the deceased person’s estate may bring a civil lawsuit on behalf of the deceased person’s surviving family members, including:
- The surviving spouse, children, or grandchildren of the deceased person.
- Any relative who was a member of the same household as the deceased person and was dependent on them for support (if there is no surviving spouse, children, or grandchildren).
When there are multiple potential beneficiaries, such as multiple children, they often share the compensation equally. However, the court can consider factors such as the financial needs of each beneficiary and their relationship with the deceased person when determining how to divide the compensation.
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Who Are the Statutory Beneficiaries in a Virginia Wrongful Death Case?
As a knowledgeable Virginia wrongful death attorney, I can help you understand who the statutory beneficiaries are in a Virginia wrongful death case. These are the individuals who may be entitled to receive compensation for the loss of their loved one.
Here is a table to illustrate who the statutory beneficiaries are in a Virginia wrongful death case:
|Order of Priority
|The husband or wife of the deceased at the time of their death
|First in line to receive compensation
|The children of the deceased
|Second in line to receive compensation if no surviving spouse
|The parents of the deceased
|Third in line to receive compensation if no surviving spouse or children
|Siblings and other relatives
|Siblings or other close relatives of the deceased
|May be eligible if no surviving spouse, children, or parents
In Virginia, the distribution of compensation among statutory beneficiaries is not necessarily equal. Therefore, the court will consider each beneficiary’s relationship to the deceased and their financial dependency on the deceased when determining the distribution of compensation.
If you have lost a loved one due to someone else’s negligence, please don’t hesitate to reach out to me for legal guidance and support. As a dedicated and compassionate attorney, I can help you understand your legal rights and pursue compensation for you and your family.
Building a Strong Wrongful Death Case in Virginia: Types of Evidence Needed
When building a wrongful death case, it is important to gather as much evidence as possible to prove that your loved one’s death was wrongful. Some of the evidence I can use includes witness statements, medical records, and police reports.
Additionally, to win a wrongful death lawsuit, I need to prove the elements of negligence, which includes establishing that the defendant owed the deceased a duty of care. I must also show that the defendant breached that duty, resulting in your loved one’s death.
The Legal Process for Pursuing a Wrongful Death Claim in Virginia
When pursuing a wrongful death claim in Virginia, it is important to understand the legal process involved. One crucial aspect to consider is the statute of limitations, which sets a time limit for filing a lawsuit.
The statute of limitations for wrongful death claims is two years from the date of the victim’s death, according to the Code of Virginia § 8.01-244.
It is important to note that pursuing a case after the deadline has passed may prevent you from taking legal action, meaning you would forfeit your right to compensation. Therefore, consulting with an experienced attorney as soon as possible is crucial to ensure all legal requirements are met.
The sooner you contact me, the sooner I can start gathering evidence to build a solid case for compensation.
Contact an Experienced Virginia Wrongful Death Attorney Today
If you’ve lost a loved one due to someone else’s negligence or wrongdoing, you don’t have to face this difficult time alone. As a qualified wrongful death lawyer, I am here to answer your questions and provide the legal representation you need to seek justice for your loved one.
At Atkinson Law, you will never be passed around from one department to another, where no one remembers why you called or what your case is about. We are a local Virginia business that needs your patronage and seeks to win your trust at every step.
I can’t imagine the pain and heartache you are going through, but as your attorney, I will work tirelessly to help you recover compensation and closure. Contact Atkinson Law today to schedule a free consultation and learn more about your legal options.