What Is a Wrongful Death Lawyer?
A wrongful death lawyer is a type of legal professional that helps families understand their legal rights, file a civil lawsuit, and pursue damages from the party responsible for their loved one’s untimely death.
Losing a loved one due to another party’s negligence or wrongful actions can leave families facing emotional and financial hardships. In such cases, wrongful death claims allow eligible relatives to seek financial compensation for losses such as medical expenses, funeral costs, and loss of income.
Our Richmond wrongful death lawyer can guide families through the legal process and help them put their lives together after a family tragedy.
Common Causes of Wrongful Death
Wrongful death claims arise from various accidents and negligent actions. Some common causes include:
Motor Vehicle Accidents
Fatal car crashes, motorcycle accidents, truck collisions, and pedestrian accidents often result from reckless driving, impaired driving, or failure to follow traffic laws. When a driver does not exercise reasonable care, they may be held responsible for another person’s untimely death. A Richmond car accident lawyer can help in such cases.
Medical Malpractice
If a healthcare provider does not meet the accepted standard of care, it can lead to fatal injuries. Medical malpractice may involve misdiagnosis, surgical mistakes, or neglect in nursing homes. In these cases, medical experts may be needed to provide testimony to demonstrate negligence.
Workplace Accidents
Fatal injuries can occur in construction sites, industrial settings, and other workplaces. Employers or third parties may be responsible if unsafe conditions, lack of safety protocols, or faulty equipment contribute to an accident.
Defective Products
When a dangerous or defective product leads to a fatal injury, the manufacturer, distributor, or retailer may be held accountable. Product liability claims often involve unsafe consumer goods, auto defects, or hazardous medical devices.
Each of these situations involves a failure to uphold the duty of care, whether through negligence, reckless behavior, or intentional misconduct. Families who have lost a loved one due to wrongful death may need to consult a Richmond personal injury lawyer to seek justice and compensation.
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Who Is Eligible to File a Wrongful Death Claim?
When a person’s life is lost due to another party’s negligence, certain family members may have the legal right to file a wrongful death claim. The eligibility rules differ by state, but these claims are generally designed to support those who depended on the deceased person financially or emotionally.
Immediate Family Members
In many cases, the closest relatives are the first to be eligible for filing a wrongful death lawsuit. In Virginia, for instance, only certain relatives are entitled to file a wrongful death claim. This often includes:
- Spouses: A surviving husband or wife may seek financial compensation for the loss of companionship, emotional suffering, and financial support.
- Children: Biological and legally adopted children may have the right to file a claim for the loss of parental care, guidance, and financial stability.
- Parents of a Deceased Minor: If a child or teenager passes away due to negligence, their parents may be eligible to seek compensation for their loss.
Some states allow additional relatives or dependents to file a wrongful death claim. This may include distant relatives, legal guardians, and adoptive children.
Representatives of the Deceased Person’s Estate
In some states, a wrongful death lawsuit must be brought by the personal representative of the deceased person’s estate. This person, who may be named in a will or appointed by a court, can take legal action on behalf of the deceased’s heirs.
Since wrongful death laws vary by state, families may need to review local regulations or seek legal guidance to determine whether they are eligible to file a claim.
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Types of Damages a Wrongful Death Lawyer Can Help Pursue
Wrongful death lawsuits aim to compensate families for both economic and non-economic damages. These damages are intended to cover the financial and emotional losses caused by the untimely death of a loved one. Some of the most common types of damages include:
Economic Damages
These are tangible financial losses that can be calculated with relative ease. Examples include:
- Medical expenses incurred before the deceased person’s death
- Funeral and burial costs
- Loss of income and future earnings the deceased would have provided
- Loss of financial contributions, such as child care or household services
Non-Economic Damages
These damages are more subjective and compensate for the emotional and psychological impact of the loss, such as:
- Loss of companionship and consortium
- Mental anguish and emotional distress
- Loss of guidance and support for surviving family members
- Loss of inheritance due to the deceased’s untimely death
Punitive Damages
In some cases, the court may award punitive damages to punish the responsible party for particularly reckless or intentional behavior. These damages are not tied to specific financial losses but are meant to deter similar actions in the future.
The amount of compensation awarded in a wrongful death settlement can vary widely depending on the circumstances of the case. A wrongful death lawyer can help families understand the types of damages they may be entitled to and work to secure fair compensation.
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Ask a Wrongful Death Lawyer About Your Options Today
If you have lost a loved one due to someone else’s negligence or wrongful actions, you may be entitled to financial compensation. A wrongful death lawyer from Pendleton Law Team can help you understand your legal rights and guide you through the process of filing a claim. We can assist families in building a strong case for damages.
While no amount of money can bring back your loved one, a wrongful death settlement can provide financial stability and a sense of justice. Don’t hesitate to reach out to our wrongful death lawyer to discuss your options. We can help you take the first step towards holding the responsible party accountable and securing the compensation you deserve.
Schedule a free consultation today.
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