Filing a Wrongful Death Claim in VA

Our Virginia Lawyer Can Help You Pursue Justice via a Wrongful Death Claim

Many families feel compelled to seek justice after their loved one has been killed and someone else is at fault. A wrongful death lawsuit cannot bring back your loved one but can hold someone accountable for their actions and offset losses your family has been left with after such a tragic loss. However, the circumstances for filing a wrongful death lawsuit in Virginia require a careful understanding of the law, including determining if the circumstances of the loved one’s death qualify for a lawsuit. Consult our experienced wrongful death attorney, who can help evaluate your case and pursue justice.

What is Wrongful Death?

Wrongful death means that someone’s death was caused by another party’s actions, whether they were deliberate or accidental. Generally speaking, if the person had survived their injuries and had legitimate legal grounds to pursue a personal injury case against the negligent party had they lived, you probably have grounds for a wrongful death lawsuit.

Virginia law places strict restrictions on who can file a wrongful death lawsuit. Only the executor of someone’s estate or the deceased person’s personal representative may file a wrongful death lawsuit. The personal representative could be the same person as the executor or the administrator of the person’s estate—whoever has legal permission to handle the deceased person’s affairs.

Value of a Wrongful Death Claim

Every case is different, and the circumstances around how much a wrongful death case could be worth will depend on a variety of factors. Recovering costs for a wrongful death lawsuit can include suing for:

  • Medical bills
  • Vehicle repair or replacement
  • Lost wages and income due to the accident
  • Memorial services, funeral, and burial or cremation expenses
  • Pain and suffering

How a Wrongful Death Lawyer Can Help Your Case

An experienced wrongful death attorney knows how to evaluate your case and determine the potential value based on the unfortunate circumstances surrounding your loved one’s death. This involves making sure you file before Virginia’s two-year statute of limitations for wrongful death cases has passed.

The emotions grieving family members deal with after the loss of a loved one can make it challenging to take care of the business involved in evaluating, preparing, and handling a wrongful death case from start to finish. When you work with a wrongful death lawyer, you can allow yourself adequate time to grieve while they handle the paperwork and other steps involved with building your case. It can be a relief to know someone is working for justice for your loved one while you are grieving.

When to Hire a Wrongful Death Lawyer

Lawsuits are complex and can take months or even years before they finish. There can be huge volumes of information and records to compile for a wrongful death lawsuit, including accident reports, medical records, coroner reports, taking and requesting depositions, and handling negotiations with insurance company adjusters, who are out to minimize their liability and costs. 

A skilled wrongful death lawyer can represent your interests and fight for your rights with an unwavering commitment to justice for your family. They will build a case by gathering evidence to support your claim so that it has the best chance of success. They can help you gather materials and records supporting your case and will negotiate with insurance companies on your behalf.

Families can be overwhelmed with grief immediately after the loss of a family member. It’s important to take the time you need to grieve. But if you believe your loved one was killed due to someone else’s negligence, consider consulting with a wrongful death lawyer as soon as possible so they can advise whether or not you may have a case and help guide you on record keeping and tracking receipts and expenses related to your loss as you proceed through the grieving process. While no date is too soon to contact a wrongful death lawyer, the longer you wait, you may risk misplacing or throwing out records or receipts that could be part of the costs you seek reimbursement for in your lawsuit. 

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