Families of those who died in unexpected accidents are left at the mercy of powerful insurance companies, corporate doctors, attorneys, and biased investigators. As if grieving the loss of your loved one is not enough, there are still medical costs, funeral expenses, and daily bills to manage. At this difficult time, the Pendleton Law Team can step in to simplify the recovery process for you.
While our wrongful death attorneys near Suffolk won’t be able to hasten your emotional process, we can expedite your legal one by filing a wrongful death claim near Suffolk on your behalf. You don’t deserve to face this legal dispute alone and at such a tragic time. Our personal injury lawyers serve Suffolk and nearby communities for all personal injury reasons.
Choosing a law firm, you can rely on after a loved one has passed away to seek the justice you are entitled to doesn’t have to be a challenge. Meet with our Virginia Heavy Hitters® for free and experience compassionate but powerful legal support that won’t settle for less.
Wrongful Death Lawsuit: Frequently Asked Questions
Losing a loved one is not easy, and your mind is probably swarming with questions for guidance and comfort. Our wrongful death lawyers are here to help your Suffolk case in any way that we can. We have compiled a list of commonly asked questions regarding wrongful death cases so that you know what to expect from the upcoming legal process.
What Type of Accidents Qualify for a Wrongful Death Investigation?
Any accident where a person or entity’s negligent actions resulted in the unexpected death of another person qualifies as wrongful death and can be investigated further. There are critical steps to take after a wrongful death that will improve your chances of winning your case, but the following accidents are examples of accident types that could be grounds for investigation:
- Vehicle collisions: The relatives of the deceased individual may be eligible to file a wrongful death case if the deceased person was killed in an automobile accident, such as a motorcycle accident, truck accident, or motor vehicle accident resulting from another motorist’s negligence.
- Medical malpractice: If a patient dies as a result of a healthcare provider’s carelessness or mistake, the patient’s family members may be able to open a wrongful death claim for a legal team to investigate.
- Workplace accidents: If a person passes away as a result of an accident at work, like a construction accident or an aviation accident, surviving family members may qualify to sue their employer or another party that contributed to the life-taking accident.
- Product liability: If a person dies as a result of a defective product, their family members may be entitled to sue the product’s producer or distributor for wrongful death.
- Criminal acts: The decedent’s family may be entitled to bring a wrongful death claim against the offender if they believe that their loved one was killed as a result of a criminal act, like aggravated assault.
Which Surviving Members Are Eligible to Receive a Wrongful Death Settlement?
Upon filing a wrongful death claim, who receives the settlement and to what extent is one of the most commonly asked questions. Each state has its own rules as to how wrongful death compensation packages are awarded. Virginia Code section 8.01-53 categorizes beneficiaries by tier level, awarding surviving members in the following order:
- The surviving spouse
- The surviving children
- The surviving parents, siblings, or additional family members who lived in their home
- Other surviving relatives listed as heirs to their estate under Virginia’s intestacy laws
What Impacts My Loved One’s Wrongful Death Settlement?
The amount awarded in a Suffolk, VA, wrongful death lawsuit will greatly depend on a variety of factors, such as:
- Extent of injuries
- Pre-existing health conditions
- Where the accident occurred
- Wrongful death incident type
- The decedent’s age and earning capacity
- If multiple parties were at fault
- The capability of the wrongful death attorney handling your Suffolk claim
After this has been determined, damages are generally categorized into economic or non-economic factors. Economic factors refer to financially taxing losses such as medical costs, funeral and burial expenses, and lost income. On the other hand, non-economic damages consist of intangible losses like pain and suffering, emotional trauma, and loss of support.
For a Free Legal Consultation
Call The Personal Injury Lawyer Hotline.
804-250-5050
Understanding the Recoverable Damages in Wrongful Death Cases
In the unfortunate event of a wrongful death, the personal representative of the deceased plays a crucial role in seeking justice and compensation for the surviving family members. Recoverable damages in a wrongful death suit encompass various aspects that aim to address the profound impact of the loss.
These damages include medical expenses incurred before the passing, funeral costs, and financial losses suffered by the family due to the untimely death. Additionally, non-economic losses such as the loss of companionship and emotional distress experienced by the surviving family members are also considered.
Our wrongful death lawyers serving Suffolk can hold the responsible parties accountable through legal action, allowing your family to pursue a personal injury claim. Moreover, recoverable damages may also account for the loss of inheritance and future income that the deceased would have provided.
It is important to understand that these damages are not limited to economic losses but also encompass the intangible and emotional toll that the wrongful death has caused. As legal professionals, we strive to provide compassionate support while ensuring that the recoverable damages are accurately assessed and pursued.
Let the Heavy Hitters® Take On Your Case 804-250-5050
Common Factors That Eliminate or Reduce Your Chance of Collecting a Settlement
Your chances of winning a settlement in a wrongful death case may be eliminated or diminished by a number of factors. Some of these elements could be:
- Limited insurance coverage: It could be challenging to obtain compensation if the at-fault party does not have enough insurance. The accountable party might be uninsured in particular circumstances.
- Lack of evidence: Receiving compensation for your claim may be challenging if insufficient evidence supports it. This can be due to a dearth of witnesses, loss of records, or loss of tangible evidence.
- Contributing negligence: In some places, a deceased person’s family members may not be allowed to get compensation if they contributed to their own death. It’s referred to as “contributory negligence,” and Virginia is one of the few states that upholds this law.
- Uncooperative defendants: Collecting a settlement may be challenging if the defendants in the case are uncooperative or refuse to settle. This can result in a drawn-out and pricey court case.
- Time restrictions: There is a finite window of opportunity to bring a wrongful death claim. It might be impossible to collect compensation if Virginia’s wrongful death statute of limitations deadline is missed.
This is why working with an experienced unexpected death attorney on your Suffolk wrongful death case is crucial. You need legal representation to guide you through these unknowable issues and help you develop a compelling case. Our attorneys can assist with the collection of evidence, deal with insurance providers, and, if necessary, advocate for your interests in court.
Central Virginia's Top Rated Personal
Injury Lawyers 804-250-5050
Why Choose Our Wrongful Death Lawyer As Your Suffolk Representative
Dealing with legal matters can be overwhelming, especially when it involves sensitive and challenging situations such as a fatal accident, personal injury lawsuit, or wrongful death accident. The Pendleton Law Team understands the emotional and financial burden that these circumstances can place on you and your loved ones.
By hiring a wrongful death attorney near Suffolk, you will reap the benefits of:
Refined Knowledge in Fatal Accidents and Wrongful Death Cases
Our team of experienced attorneys handles fatal accidents and wrongful death cases with precision. We have a deep understanding of the legal complexities involved in these types of cases and are dedicated to seeking justice for our clients. We will work tirelessly to investigate the accident, gather evidence, and build a strong case on your behalf.
Maximizing Financial Compensation
We recognize that financial compensation can never fully compensate for the loss of a loved one or the pain and suffering caused by a personal injury. However, it can help alleviate the financial burden that often accompanies such tragic events. Our legal team is skilled in assessing the full extent of your damages and will fight to ensure you receive the maximum payout.
Pursuing Punitive Damages
In certain cases, punitive damages may be awarded to punish the responsible party for their reckless or negligent behavior. These damages go beyond compensating for the actual losses and are intended to deter similar actions in the future. Our attorneys have a proven track record of successfully pursuing punitive damages when appropriate, ensuring that justice is served.
Compassionate and Personalized Approach
We treat each client with the compassion, respect, and personalized attention they deserve. Our legal team will take the time to listen to your story, understand your needs, and provide you with the guidance and support you need throughout the legal process. We are committed to keeping you informed and involved every step of the way.
Let Us Be The Heavy Hitters® For Your Case Speak To An Attorney Now
Seeking Closure and Justice With the Pendleton Law Team
As hard as it is to endure loss, holding the negligent party or entity liable can bring you closure and financial safety during such an uncertain time. Don’t allow the insurance company, doctors, or other lawyers to intimidate you if you feel that you have a case. The market for a Suffolk wrongful death attorney may be vast, but the Pendleton Law Team is a positively rated firm.
Our attorneys have extensive experience in handling wrongful death cases against corporate entities and are not afraid to be the “Heavy Hitters®” during negotiations or in the courtroom. For legal guidance you can trust, contact a member of our team and schedule a risk-free consultation today.
The Pendleton Law Team Is Here For You 804-250-5050
