Saying goodbye to a family member who died because of another’s carelessness is a hard reality to deal with. The Pendleton Law Team is ready to lead your case against the negligent party while you grieve with your family and honor your loved one.
Our personal injury lawyers in Danville will lead your case with compassion and care and work for the justice and compensation your family deserves. For more than a decade, we have worked hard for our clients throughout Virginia and helped them recover their losses.
We have the resources to lead your case and will represent you at no upfront charge. We earn our fee only if you win a financial award. Call us today for a free consultation to learn how our wrongful death lawyer in Danville can help you.
An Overview of Wrongful Death Actions in Virginia
In Virginia, when a person dies due to the wrongful act, neglect, or default of another party, it is a wrongful death. Car accidents, medical malpractice, defective products, or criminal actions can all cause a fatality because of another’s negligence.
Which Family Members Can File a Wrongful Death Lawsuit?
Under Virginia law, only certain family members can file a wrongful death lawsuit if a loved one has died because of someone else’s careless actions. The family members who can do this are as follows:
- Spouse: The husband or wife of the person who died.
- Children: The children of the person who died. This includes biological and adopted children.
- Parents: The mother or father of the person who died. This includes adoptive parents.
- Siblings: If there is no surviving spouse or surviving children or parents, brothers and sisters of the person who died can file a lawsuit.
- Other family members: If none of the above are alive, other family members dependent on the person who died can also file the lawsuit.
What Do You Need to Prove a Wrongful Death Case?
To establish a wrongful death claim or lawsuit, the following elements typically must be proven:
- Duty of care: The defendant owed a duty of care to the person who died. This means the defendant had a legal obligation to act in a certain manner toward the deceased.
- Breach of duty: The defendant violated their duty of care through their actions or inactions. This breach could involve negligence, recklessness, or intentional misconduct.
- Causation: The breach of duty directly caused the death of the person. There must be a clear connection between the defendant’s conduct and the fatality.
- Damages: The death resulted in damages to the deceased person’s estate or surviving family members.
A Personal Representative Must File a Wrongful Death Action
Even though several family members can benefit from wrongful death compensation, the decedent’s personal representative typically files the legal action on the deceased person’s estate on behalf of the surviving family members.
The compensation awarded in a wrongful death case can cover economic and non-economic losses that the family suffered due to their loved one’s untimely death.
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Recoverable Wrongful Death Losses We Can Pursue for You
After learning more about the situation that fatally harmed your loved one, our wrongful death lawsuit attorneys serving Danville can request payment from the liable party based on the losses involved.
Generally, beneficiaries can recover the following losses:
Economic Damages
- Your loved one’s medical expenses, including emergency care, hospital care, rehabilitation treatments, medications, and medical devices.
- Reasonable final arrangement costs, including expenses for funeral and burial services.
- Loss of financial support or the income your loved one would have contributed.
Non-Economic Damages
- Pain and suffering your loved one experienced before their death.
- Loss of your relative’s companionship, guidance, and emotional support.
- Loss of consortium or the loss of marital benefits, including affection and comfort.
Damages are unique to each case, which is why we cannot give you an average wrongful death settlement amount. After we examine your losses, we will advise you of which ones you can recover.
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Our Wrongful Death Lawyers Representing Clients in Danville, VA, Can Lead Your Case
It can be overwhelming to grieve and pursue legal action at the same time. You don’t have to do this alone — we will help. While you take care of your relative, our compassionate wrongful death claim lawyers serving Danville will work to recover your damages.
We understand how wrongful death actions work in Virginia and will build your case to prove why the liable party should compensate you. The Pendleton Law Team has helped many clients move forward after life-changing accidents and devastating losses.
We will talk with you more about your loved one and find out what happened. Then, we can take the next steps and:
- Manage your case on a contingency fee agreement basis so that you don’t have to worry about paying legal expenses in advance.
- Explain the wrongful death laws and legal process in plain language, which can be complex.
- Reviewing the accident to establish what happened to your family member.
- Identify at-fault or liable parties that you can request damages from.
- Gather and use evidence to prove how the opposing party is responsible for the harm that fatally harmed your loved one.
- Examine all your damages and determine your compensation case’s value
- Lead negotiations with an insurance company for a favorable settlement.
- File your lawsuit within Virginia’s statute of limitations if your isn’t settled.
- Fight for your compensation case at trial in front of a judge and jury.
- Give case updates regularly and answer your questions and concerns promptly.
We will give your case time and attention and always do what is best for you and your family. Connect with us today during a free consultation. We can walk you through your next steps and explain what your options are.
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How Long Do You Have to File for Damages for a Fatal Injury?
Virginia gives parties filing wrongful death lawsuits two years from their relative’s death date to take legal action for damages. This time does not stand still; it will go by quickly. The Pendleton Law Team will keep your case on track and monitor the deadline.
Our wrongful death accident attorneys in Danville will file your case on time and make sure you don’t miss the deadline.
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Call Us for Help From a Wrongful Death Lawyer Near Danville, VA
If you believe you have a wrongful death case, The Pendleton Law Team can handle it for you. We know this is a challenging time and that you need space to grieve your loved one. We will seek damages from the negligent party while you focus on coping with your loss.
Our wrongful death lawyers in Danville, VA, will protect your rights and fight for your full financial award. Call or contact us online today for a free consultation.
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