Losing a loved one can be extremely painful and tragic, especially when they pass in an accident caused by the reckless actions of another person. If the decedent had family members who depended on their income, companionship, and guidance, it makes it even harder for them to move on after they’ve passed.
If you have lost a loved one due to the negligence of another individual, you deserve to receive compensation for your suffering. At Christina Pendleton & Associates, we’re dedicated to getting you the payment you’re owed. Our Richmond wrongful death lawyers can handle every aspect of your claim so that you have the time and space you need to grieve. We’re here to help you get the compensation you deserve. Contact our Richmond personal injury lawyers today for a free consultation.
How Much Is a Wrongful Death Claim Worth?
When it comes to wrongful death cases, there is no standard amount of compensation you can expect to receive. That’s because your payment depends on a number of variables. Your monetary losses, degree of emotional distress, and the extent of the guilty party’s negligence all factor into your final payment.
In the state of Virginia, there’s no cap on the amount of money you’re eligible to receive from a wrongful death claim. However there are compensation limits for punitive damages and fatal medical malpractice incidents. If you want to get the most out of your claim, an attorney can fight for the highest payment possible.
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Wrongful Death Damages Your Richmond Attorney Will Fight for
If you’ve lost a spouse or family member to the irresponsible actions of another person, we offer our sincerest condolences. Our lawyers understand how difficult it can be to lose someone, which is why they’re committed to holding the guilty party accountable and demanding the maximum payment possible for your losses.
Although it’s impossible to put a monetary value on the loss of a loved one, wrongful death damages can help you maintain the standard of living you’re accustomed to, pay for any medical bills you’ve inherited, and allow you to say a proper goodbye to your loved one.
Here are some of the damages a wrongful death attorney in Richmond can secure for you:
- Loss of income. If you depended on the decedent’s income, you might be worried about how you’ll pay for necessities and comforts they provided. A wrongful death lawyer can demand compensation for loss of income so that you can continue to live the life you’re used to.
- Pain and suffering. Losing a loved one can take a significant emotional toll on a person. Although no amount of money can change what’s happened, these damages are meant to compensate for trauma and mental anguish you’ve experienced.
- Medical expenses. If the decedent received medical treatment before their passing, you might be on the hook for their treatment bills. If that’s the case, a lawyer can win you a payment that will cover any bills you’ve been saddled with.
- Funeral costs. Celebrating the life of your loved one and saying a proper farewell gives a much needed sense of closure. If you’re worried about being able pay for the funeral and burial, your lawyer can demand payment to cover the costs.
- Punitive damages. If the guilty party’s actions were particularly egregious, requesting punitive damages might be appropriate. These damages are designed to punish the defendant and act as a warning to others not to behave in a way that puts the lives of others in danger.
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Your Wrongful Death Attorney Can Negotiate With Insurance Companies
In wrongful death cases, it’s common for the defendant’s insurance company to try to take advantage of the plaintiff. They’ll do everything they can to reduce the amount their client has to pay, which includes offering low-ball settlements. If you receive an offer from the guilty party’s insurer, don’t accept it until a lawyer has taken a look at it.
A wrongful death attorney in Richmond can look over any offers you receive and determine if they’re sufficient. Remember, your attorney knows how much your claim is worth and they’ll do everything they can to win you an appropriate payment. They’ll negotiate with insurers, and if a fair settlement isn’t offered, they’ll take your case to court.
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Who Gets the Money in a Wrongful Death Case?
If you win your case, the money doesn’t just go to the person who filed the lawsuit. Multiple beneficiaries can come forward to claim their share of the award with the help of a Richmond wrongful death lawyer. Virginia law divides beneficiaries into two tiers:
- Tier 1: Spouse, children, and grandchildren; parents may qualify if they received financial assistance or services for at least 12 months before the date of death.
- Tier 2: Parents, irrespective of the existence of support services, siblings, other relatives who are dependent on the deceased person for support.
The court will decide how much money the individuals in each tier receive. To make that decision, they’ll refer to Virginia Code § 64.2-200 and the decedent’s will. Determining how much compensation each person deserves can be complicated, but you can count on an attorney to sort it out.
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Types of Wrongful Death Claims Your Richmond Attorney Can Build a Claim for
Our lawyers in Richmond have decades of experience litigating wrongful death claims just like yours. They’ve won compensation for a variety of fatal accidents, so you can be confident that your case is in good hands. Here are some of the wrongful death incidents they’ll be able to build a case for:
- Motor vehicle accidents
- Dangerous premises
- Defective products or services
- Workplace incidents
- Medical malpractice
- Animal attacks
- Nursing home abuse and neglect
Regardless of the cause of death, our attorneys will do everything in their power to bring the guilty party to justice. They’ll draw on a wealth of legal knowledge and past experiences to build you a winning case.
Statute of Limitations for Wrongful Death Claims in Richmond, VA
If you’re eligible to file a wrongful death claim, beginning the process as soon as possible is the best way to ensure you’ll receive compensation for your losses. That’s because there’s a deadline for filing a claim in Richmond. According to Virginia Code § 8.01-244, you have two years from the date of the decedent’s passing to file.
If you fail to file your claim within the legal timeframe, you’ll be barred from receiving a settlement or court-awarded payment. Our wrongful death attorneys in Richmond are familiar with the deadlines that apply to your case, and will make sure all the necessary paperwork is filed on time.
How Long Will My Wrongful Death Case Take?
While it’s possible to reach a conclusion quickly, wrongful death cases are more likely to take several months to resolve. It’s also not unheard of for such cases to go on for a year or more. In order to win you compensation, your lawyer needs to gather information from witnesses, track down beneficiaries, and wait for the court to have an open spot for your case.
These tasks may seem simple, but they can take a significant amount of time to complete. That being said, we understand that you’re depending on the compensation from your claim to recover and move on with your life, so our attorneys will do everything they can to expedite the process.
Call a Richmond Wrongful Death Attorney Today
If you’ve experienced the traumatic loss of a loved one, you understand the never-ending pain that follows your life after the accident. After such a loss, it’s difficult to continue your daily activities, much less consider the possibility of taking legal action. Knowing how to find a wrongful death attorney in this situation can be critical to obtaining justice for yourself and your loved one.
That’s why the Richmond wrongful death attorneys at Christina Pendleton & Associates will handle your claim from start to finish. They’ll fight tirelessly for your claim, so you can focus on the grieving process. Call us or fill out a contact form online to schedule your free initial consultation.
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