If you’ve lost a loved one due to another party’s negligence, you don’t have to pursue justice alone. A Petersburg personal injury lawyer can help you pursue damages.
Losing a loved one can be a traumatic experience. Although nothing can or will ever replace your loss, Virginia law gives you the right to seek some measure of justice when life is taken due to the negligence or carelessness of another party.
Since 2011, The Pendleton Law Team has served thousands of clients in Virginia. One of our Petersburg wrongful death lawyers can assess your case, explain your options, and help you with your pursuit of compensation.
What Is Considered Wrongful Death in Virginia?
Wrongful death is defined as death “caused by the wrongful act, neglect, or default” of another party, according to Virginia Code section 8.01-50. Cases of wrongful death are similar to circumstances that would call for a personal injury lawsuit if the person had lived.
Examples of fatal accidents from which wrongful death claims are often filed include:
- Car accidents, truck accidents, bicycle accidents, motorcycle accidents, or pedestrian accidents caused by negligent drivers or dangerous roads
- Accidents caused by defective or dangerous products
- Slips, trips, or falls due to hazards on someone’s property (also known as premises liability accidents)
- Construction site or workplace injuries
- Medical negligence or medical malpractice
- Nursing home abuse
- Dog bites or attacks
- Violent assaults
Once wrongful death enters the picture of a case, the legal outcomes change. Our wrongful death attorneys in Petersburg then have to consider the survivors and how much they would have been supported by the deceased in both financial and non-financial ways.
For a Free Legal Consultation
Call The Personal Injury Lawyer Hotline.
804-250-5050
Types of Damages in a Wrongful Death Lawsuit
When a family member does choose to pursue a wrongful death claim, they can seek damages for the following:
- Sorrow and mental anguish
- Loss of the consortium (decedent’s care and companionship)
- Loss of the decedent’s income and benefits, including anticipated future income
- Medical expenses associated with the fatal injury or illness
- Burial and funeral expenses (within reason)
- Punitive damages
Most of these damages are intended to compensate surviving family members for their losses. Punitive damages are awarded when a defendant is being punished for their “willful or wanton” behavior that exhibited “a conscious disregard for the safety of others,” according to Va. Code § 8.01-52.
Let the Heavy Hitters® Take On Your Case 804-250-5050
Who Can File a Wrongful Death Claim in Virginia?
The “statutory beneficiaries” of the decedent can file a wrongful death claim in Petersburg, Virginia. Statutory beneficiaries can include the following family members or dependents:
- The surviving spouse, children, or grandchildren
- Surviving parents, siblings, or relatives who shared a household with the decedent and were dependent on them
- Surviving family member who is inheriting the decedent’s estate under Virginia’s intestacy laws
The spouse, children, and grandchildren are first in their right to file a wrongful death claim. However, if there are no such family members, the right goes to the surviving parents, siblings, or dependents.
Central Virginia's Top Rated Personal
Injury Lawyers 804-250-5050
Who Is Liable for a Wrongful Death Accident in Virginia?
In Virginia, determining liability for a wrongful death accident involves identifying the party or parties whose negligence, recklessness, or intentional actions caused the fatal incident.
To establish liability, the plaintiff must prove that the responsible party owed a duty of care to the deceased, breached that duty, and directly caused the death as a result.
Since wrongful death claims can be complex and involve multiple parties, consulting a Petersburg wrongful death attorney is crucial. They can help investigate the case, gather evidence, and ensure that all liable parties are held accountable for their actions.
Let Us Be The Heavy Hitters® For Your Case Speak To An Attorney Now
How Much Is a Wrongful Death Lawsuit Worth in Virginia?
Since every case is different, there is no one answer as to how much you can win in a wrongful death lawsuit in Virginia. Some defendants win millions in compensation, while others receive tens of thousands.
The value of your wrongful death lawsuit will depend on the circumstances of the case. Factors such as the financial losses incurred, the emotional impact on surviving family members, and the level of negligence involved all play a role in determining damages.
A wrongful death lawyer in Petersburg can assess your case, calculate potential damages, and guide you through the process of filing a claim so you can pursue maximum compensation.
What Are the Odds of Winning a Wrongful Death Lawsuit?
Your odds of winning a wrongful death lawsuit depend on several factors, including the strength of your evidence, the expertise of your legal representation, and the specifics of the case.
To increase your odds, you must establish clear proof of negligence or wrongful actions that directly caused the death. A skilled wrongful death attorney can help gather evidence, consult with experts, and build a compelling case.
What if There’s a Criminal Case?
If a death is involved, the state may have reason to pursue a criminal case against the party you want to sue. If this is so, the result of that case can be a powerful piece of evidence in your civil case.
However, you do not have to wait for that case to finish before you can sue. It’s better to start the process early so that your lawyer can keep gathering evidence and you can avoid missing your deadline to sue.
An experienced attorney serving Petersburg can help you secure a fair settlement. If the criminal case looks unfavorable for the defendant, that can be used as pressure to force them to settle with a favorable result.
Why You Need a Petersburg Wrongful Death Lawyer
Hiring a wrongful death lawyer is crucial to protecting your rights, properly filing a claim, and maximizing your compensation.
Here’s what an experienced attorney can do:
- Provide legal guidance: An experienced wrongful death lawyer understands Virginia’s laws, including filing deadlines, damage caps, and liability rules. They can ensure your claim complies with these laws.
- Conduct a thorough investigation: Attorneys have the resources to investigate the circumstances of the death, gather critical evidence, and consult with experts to build a strong case.
- Maximize your compensation: Lawyers can help you calculate the full extent of your damages, including medical bills, lost income, funeral costs, and non-economic damages like emotional pain and loss of companionship.
- Negotiate with insurance companies: Insurers often try to minimize payouts. A skilled attorney can negotiate on your behalf and ensure you receive a fair settlement.
- Represent you in court: If you can’t settle out of court, a wrongful death lawyer can represent you in court.
Wrongful death claims are complex. By working with a Petersburg wrongful death lawyer, you can focus on healing while your attorney pursues justice on your behalf.
How to Choose the Right Wrongful Death Attorney
Selecting the right wrongful death attorney is crucial to securing fair compensation for the loss of a loved one. When evaluating lawyers, look for the following traits:
- Experience in wrongful death cases: Look for an attorney with a proven track record of handling wrongful death claims. Their experience will ensure they understand the complexities of these cases and how to build a strong argument on your behalf.
- Knowledge of state laws: Choose a lawyer who is well-versed in Virginia’s wrongful death statutes, including filing deadlines, damages, and liability rules.
- Strong reputation: Read reviews, testimonials, and case results to gauge an attorney’s reputation. Positive client feedback and a history of successful outcomes are good indicators of an attorney’s expertise.
- Compassionate approach: Wrongful death cases are deeply personal. Select an attorney who demonstrates empathy and understands the emotional challenges you’re facing while providing professional guidance.
- Clear communication: Your lawyer should explain the legal process in a way that’s easy to understand. They should also keep you informed about the progress of your case.
- Contingency fee arrangement: Many wrongful death attorneys work on a contingency fee basis, meaning they only get paid if you win your case.
The Pendleton Law Team’s wrongful death lawyers have extensive experience handling cases like yours. We also offer free consultations so you can learn about how we can help you pursue justice for your loved one.
What Steps Should I Take After a Wrongful Death?
Losing a loved one can be devastating. Knowing what steps to take afterward can help you seek justice and ensure your family’s rights are protected.
Here’s a step-by-step guide to follow after a wrongful death:
- Seek legal advice: Consult an experienced wrongful death attorney as soon as possible. They can assess your case, explain your options, and help you navigate the process of filing a claim.
- Preserve evidence: Collect and retain any evidence related to the death, such as medical records, accident reports, photographs, and correspondence. This evidence will be crucial to your case.
- Obtain a death certificate: A certified death certificate is a necessary document for legal claims, insurance purposes, and other formalities.
- Identify potential damages: Work with your attorney to calculate your financial and emotional losses, including funeral expenses, lost income, medical bills, and non-economic damages like pain and suffering.
- File the claim: Virginia law imposes a statute of limitations of two years for wrongful death claims. If you don’t file within this time frame, you may forfeit your right to seek compensation.
- Avoid contact with insurers: Insurance companies may attempt to settle quickly for less than what you deserve. Let your attorney handle all communications to ensure your interests are protected.
Should I Wait if I’m Grieving?
The state of Virginia only allows two years for grieving families to pursue a wrongful death claim. We understand that grief may make the idea of filing a wrongful death lawsuit tough, but it’s necessary.
Furthermore, a skilled personal injury attorney will do most of their work behind the scenes. After getting your story, they will handle all negotiations with the other party and their insurance company.
Contact a Petersburg Wrongful Death Attorney Today
If you’ve suffered the loss of a loved one, don’t wait to take action. Your family deserves closure, and with the right legal help, you can achieve it.
The Pendleton Law Team’s Petersburg wrongful death lawyers strive to provide superior representation for every client. Schedule a free consultation today to discover how we can help you pursue a fair wrongful death settlement.
The Pendleton Law Team Is Here For You 804-250-5050
