No matter the circumstance, losing a loved one is always hard. But losing a loved one because of someone else’s carelessness can feel like an injustice. In some cases, it’s just that.
Navigating the legal waters surrounding their death – while grieving – can be overwhelming. That’s where we come in. Virginia wrongful death attorney Richard Serpe represents families who have lost a loved one because of someone else’s negligence.
Virginia Wrongful Death Cases
- Who can be considered a Virginia wrongful death beneficiary?
- Settlements & Compensation
- When must a Virginia wrongful death lawsuit be filed?
- Types of Wrongful Death Cases
- Contact a Wrongful Death Lawyer
Virginia Wrongful Death Beneficiaries
The Virginia Wrongful Death Act provides a framework to compensate family members for those losses. Virginia has a strict legal system – the requirements for bringing wrongful death cases can be confusing.
Virginia limits the individuals who can sue for wrongful death, otherwise known as the “statutory beneficiaries.” Inexperienced lawyers, who do not understand wrongful death law and procedures, frequently fail to gather all evidence of damage. Even worse, they sometimes fail to compensate the true beneficiary under Virginia law. The Virginia wrongful death lawyers at our firm combine experience with hard investigative research to help win your case.
Beneficiaries may include:
- the spouse of the deceased person
- the children of the deceased person
- the parents and siblings of the deceased
- any relative who shares the deceased person’s home
- any relative who inherited the deceased’s estate
Certain family members may also be able to make a wrongful death claim together.
Settlements & Compensation
Depending on the specifics of the accident, the family of the victim may be entitled to one or more of the following types of damages:
- Medical costs. The medical procedures attempted to save your loved one need paid for – but the family of the victim should never be responsible for those bills. Our team can help recoup the costs of the critical and often expensive care given to the victim.
- Lost wages. When the main financial support of the family has been killed, their survivors must deal with the financial ramifications of the loss on top of their grief. The loss of the victim’s future earning potential can be included in a wrongful death settlement.
- Punitive damages. Particularly negligent drivers are sometimes punished for their actions through these kinds of damages. They can discourage the negligent party from ever acting so carelessly again.
- Wrongful death. On top of the funeral costs, medical bills and lost future earnings, the emotional blow of losing a loved one cannot be undervalued. Companionship and affection is irreplaceable. Compensating a family following the wrongful death of a family member is the fair thing to do.
Time Deadlines for Virginia Wrongful Death Lawsuits
Under Virginia law, it is necessary to file a lawsuit within strict deadlines imposed by law. In many cases, Virginia provides for a two-year deadline also known as a Statute of Limitations. However, special circumstances apply depending on the location of death, the occupation of the decedent, and the application of special state and federal laws. Once you have missed this deadline, you will no longer be able to file a claim.
Types of Virginia Wrongful Death Cases
A wrongful death is a death caused by a wrongful act, negligence, or default of an individual or company. “Whenever the death of a person shall be caused by the wrongful act, neglect, or default of any person or corporation, or of any ship or vessel, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain action, or to proceed in rem against such ship or vessel or in personam against the owners or those having control of the ship or vessel, then such person, corporation, or ship or vessel which would have been liable, if death had not ensued, shall be liable to an action for damages.” Virginia Code § 8.01-50
Car accidents, drunk driving accidents, tractor-trailer accidents, motorcycle accidents, maritime, shipping, boating, cruise ship accidents, nursing home negligence, pedestrian and bicycle accidents, defective products including defective medical products and drugs, dangerous conditions in buildings and roadways, gross negligence of doctors and hospitals.
Contact Our Virginia Wrongful Death Attorneys
The Law Offices of Richard J. Serpe, PC is here to help you and your family. Our firm has helped those injured in accidents that were caused by someone else’s negligence for over 30 years. Contact us to setup a free consultation, to discuss your situation 877-544-5323