Losing a loved one is undeniably one of the most painful experiences anyone can face. However, when that loss is the consequence of someone else’s negligence or misconduct, grief becomes entangled with a desire for justice. As an experienced Portsmouth wrongful death attorney, I offer compassionate legal guidance to surviving family members.
The aftermath of a wrongful death accident presents an array of unique challenges that go beyond the typical grieving process. However, a personal injury lawyer in Portsmouth, VA, with experience handling wrongful death claims, can help you navigate the legal landscape. Call me, Ed Atkinson, today to discuss your next steps in seeking justice.
How does Virginia Law Define Wrongful Death
Virginia law defines wrongful death as the loss of life resulting from the “wrongful act, neglect, or default” of another party. If the victim had survived, they could have pursued a personal injury claim; instead, the deceased person’s family members can file a wrongful death suit to recover compensation.
This legal framework allows the grieving family to seek justice and hold the responsible party accountable for their loss. However, wrongful death cases can be complex, so seeking legal guidance is crucial. An experienced wrongful death lawyer in Portsmouth, VA, will help you understand how the law applies to your case and review your options for financial recovery.
For a free legal consultation with a wrongful death lawyer serving Portsmouth, call 757-648-8579
Common Accidents that Can Result in Wrongful Death
Wrongful death can result from a wide range of accidents. As an experienced personal injury lawyer, I have witnessed the devastating consequences it brings to the affected families.
You could qualify for a wrongful death claim if your loved one died from a:
A wrongful death claim can arise from any situation where an individual’s negligence, recklessness, or conscious disregard for the safety of others leads to the loss of life. If you are unsure about the validity of your claim, I can help determine if you have grounds to sue. Call my personal injury law firm today to schedule a free case review.
Portsmouth Wrongful Death Lawyer Near Me 757-648-8579
Available Compensation in Portsmouth Wrongful Death Cases
In my legal practice, I have seen the profound emotional and financial hardships families face in the aftermath of wrongful death. While it is undeniable that no amount of money can ever truly compensate for losing a loved one, pursuing damages can provide crucial financial support and a sense of closure.
As your Portsmouth wrongful death attorney, I will help you quantify your financial losses after the death of your loved one. I can also estimate your future expenses to ensure that you receive maximum compensation.
You could be eligible for the following damages:
- Medical bills resulting from the injury or illness that caused the death
- Burial and funeral expenses
- Loss of income
- Lost financial support
- Pain and suffering
You Could Also Qualify for Punitive Damages
In Virginia, punitive damages in a wrongful death case punish the responsible party for their conscious disregard for the safety and rights of others. However, to qualify, the case must meet specific criteria.
A classic example of a claim that usually qualifies is a drunk driving accident. Punitive damages may be awarded if your loved one died in a Portsmouth rideshare crash caused by an intoxicated driver.
It is important to note that punitive damages in Virginia are subject to certain limitations. The state imposes a $350,000 cap on punitive damages that can be awarded.
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Who Can File a Wrongful Death Claim in Virginia?
The Code of Virginia § 8.01-53 outlines who can file a wrongful death claim. Thus, a representative of the decedent’s estate may file a lawsuit on behalf of surviving family members, including the spouse, children, grandchildren, or other relatives who were part of the household and depended on the deceased victim for support.
The compensation is usually distributed equally in cases involving multiple potential beneficiaries, such as multiple grandchildren. However, when distributing the award, the court may consider various factors, such as the individual financial needs of each beneficiary and their relationship with the deceased.
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Virginia’s Statute of Limitations for Wrongful Death Lawsuits
The statute of limitations establishes a deadline for legal action against the defendant. In Virginia, the statute of limitations for wrongful death lawsuits is generally two years from the date of the individual’s death.
Failure to file within the specified time frame can result in losing your right to pursue a claim. However, it is important to note there can be exceptions to the statute of limitations, depending on your case’s specific circumstances.
Consult an experienced wrongful death lawyer in Portsmouth, VA, to initiate legal proceedings within the required timeframe. Seek legal assistance as soon as possible to give your attorney more time to strengthen your claim.
Contact a Wrongful Death Lawyer in Portsmouth, VA, Today
If you lost a loved one in a fatal accident, you should not face this difficult period alone. As an experienced wrongful death lawyer, I offer compassionate legal assistance and will guide you through the legal proceedings. I, Ed Atkinson, will help you protect the memory of your loved one.
You can entrust me to handle your claim’s legal aspects, so you can focus on healing and caring for yourself and your loved ones. I will closely investigate the circumstances that led to your loved one’s death and use a wide range of evidence to prove liability.
I understand the emotional toll that a wrongful death can take on you and your family, and I am here to provide compassionate support throughout the process. Contact me today to discuss the details of your case.