Looking For A Wrongful Death Attorney In Virginia Beach?
Any time that the life of a loved one has been suddenly taken due to someone else’s negligence or carelessness, it leaves the surviving family not only emotionally and mentally exhausted, it also leaves them with an overwhelming amount of unexpected financial expenses. At Virginia Beach Injury Law, we know that nothing can take away the mental and emotional pain families endure after the sudden and unexpected loss of a loved one in an accident. The main goal of our dedicated Virginia Beach wrongful death attorneys is to help you protect your legal rights and best interests by ensuring that you get the compensation you deserve so you can move forward in the best position possible.
What Is A Wrongful Death Claim And What Is Considered A Wrongful Death?
A wrongful death claim is a type of personal injury claim. In fact that they are both based on the fact that the injury or loss was caused by another party or parties’ careless, reckless, negligent, or deliberate actions.
Wrongful death claims involve all types of fatal accidents from car accidents to complicated medical malpractice lawsuits, and product liability cases. People, businesses, and governmental agencies can be legally at fault for acting negligently (failing to act as a reasonable person would have acted) and for acting intentionally. An action for wrongful death is completely separate from criminal charges. Criminal charges don’t need to be made in order to file for a wrongful death claim, and vice versa. A wrongful death, in this sense, can be caused by several kinds of incidents such as:
- Motor Vehicle Accidents- A death in an accident can occur due to a driver’s negligence or reckless behaviors. Distracted driving, driving under the influence, speeding, and fatigued driving are all examples of how a driver can be negligent.
- Workplace Accidents- A construction worker may be killed on the job due to the negligence due to someone not employed with the worker’s company such as a contractor or construction site owner. Surviving family members may be able to seek financial compensation beyond what worker’s compensation benefits would provide.
- Defective Products- Manufacturing companies can be held accountable if defectively designed, produced and marketed products get into the hands of consumers. These can range from faulty medical devices to dangerous automotive parts.
- Dog Bites- Dogs are considered man’s best friend. But when dog owners fail to obey local leash laws or otherwise reasonably restrain or handle the dog, fatal injuries can occur.
- Nursing Home Abuse And Neglect- Nursing homes are supposed to give specialized care for an individual’s elderly family member. Unfortunately, many of these facilities fail to provide adequate care to their residents. Even the slightest injuries to a nursing home resident can be fatal.
- Dangerous Property Conditions- The owner of a property can fail to take reasonable steps to repair a dangerous condition or properly warn visitors about the hazard. Improper placement of wet floor signs can also be considered a dangerous property condition.
- Medical Malpractice- Any harm done by a medical professional such as a doctor or nurse who fails to perform their duties is known as medical malpractice. Medical malpractice causes intentional harm, causing the victims to sustain more injuries that require further medical attention or death. Examples of medical malpractice include misdiagnoses, medication errors, surgical errors, and anesthesia errors.
While not all accidents, medical mistakes, or workplace fatalities are considered wrongful deaths, some of these incidents do present viable claims. The circumstances of each case will vary and may require the close attention of an experienced Virginia Beach wrongful death attorney to meet the burden of proof on your behalf in order to link the resulting death to a specific party. If your loved one was a victim of wrongful death in Virginia Beach, contact our knowledgeable team of wrongful death attorneys at Virginia Beach Injury Law. We are happy to answer any questions you have about your situation and will help you determine if you have a wrongful death case.
What Kinds Of Injuries Can Result In Wrongful Death?
When we talk about wrongful death, we tend to think that a wrongful death only occurs instantly in an accident. However, this is not always the case. Accidents caused by others’ negligent and careless acts can result in serious injuries that later on lead to the victim’s untimely death. Some injuries from accidents can go completely undetected by medical professionals. Such injuries can include:
- Traumatic Brain Injury- A Traumatic Brain Injury (TBI) is a disruption in the normal function of the brain that can be caused by a blow, bump, or jolt to the head. These types of injuries are often serious, sometimes deadly depending on what areas of the brain are injured. Those who survive a TBI initially tend to have a shorter lifespan than normal.
- Internal Injuries- Internal injuries are serious as well as dangerous. They affect the various internal organs such as the lungs, liver, or spleen. If gone undetected, internal injuries such as internal bleeding might lead to seizures, coma, organ failure, external bleeding, and eventually death.
- Broken Bones- Broken bones can cause eventual death if the pieces of the bone puncture an organ. For instance, a broken rib can puncture the lungs, heart, intestines, liver, or other vital organs. Like other internal injuries, the puncture can be hard to identify. In the case of an internal injury caused by broken bones, a patient may not receive proper treatment for the injury in time.
Talking with an experienced and knowledgeable attorney from Virginia Beach Injury Law can help you determine whether the death of your loved one as a result of injuries from an accident that wasn’t their fault can be considered a wrongful death. You don’t deserve to fight through your loss alone. Contact us today for a free consultation, or visit our website to schedule your consultation with a compassionate, wrongful death lawyer who can answer all of your questions and ensure that your rights are protected from the start of your claim.
Who Can Bring A Wrongful Death Claim in Virginia?
In the state of Virginia, a wrongful death claim must be brought by a personal representative of a victim’s surviving family members and estate. If the victim left no surviving family members, then the right to bring a wrongful death claim would belong to whoever would inherit the victim’s estate under Virginia’s intestacy laws. Those who are entitled to recover compensation from a loved one’s wrongful death are known as statutory beneficiaries. These beneficiaries may include:
- Typically, if the decedent was married, a surviving spouse brings the lawsuit.
- If the decedent was an adult, some states also allow an adult child to bring the lawsuit.
- If the decedent is a minor child, a parent usually brings the lawsuit.
- Some states allow one member of a civil union or domestic partnership to bring a wrongful death lawsuit on behalf of their partner.
- If the decedent is a single adult, most states also allow more distant family members — such as grandparents, siblings, or aunts or uncles — to file the lawsuit
In Virginia, a surviving spouse and parents of the victim may file a claim together if there are no surviving children. However, parents whose rights have been terminated may not recover compensation in a wrongful death claim.
If your loved one’s life has been wrongfully taken due to somebody else’s negligence in Virginia Beach, Norfolk, Newport News, Portsmouth, Hampton, Suffolk, or Chesapeake, don’t hesitate to call Virginia Beach Injury Law today for your free, no-obligation, and confidential consultation. Our team of wrongful death attorneys is here to help you get your wrongful death claim started, and will stand by your side to ensure that you get the maximum compensation you deserve.
Who Can Be Sued In A Wrongful Death Claim?
Wrongful death lawsuits can be brought against a wide variety of persons, companies, government agencies, and employees. For example, in a car accident involving a faulty roadway and a drunk driver, a wrongful death action might include defendants such as:
- the driver or employer at-fault in the automobile accident
- the designer or builder of the faulty roadway
- a government agent who failed to provide adequate warnings regarding a road hazard that caused the accident
- the manufacturer, distributor, or installer of a faulty or dangerous part of the vehicle
- the person or persons who sold, served, or gave alcohol to the impaired driver, or
- the owner of the premises where the alcohol was served
What Damages Can You Recover From A Wrongful Death Claim?
It may be difficult to quantify the losses you experience after losing a loved one in a wrongful death situation. It’s easy to become overwhelmed by the medical bills and costs of services in addition to facing these challenges without your loved one. But with the help of a wrongful death attorney in Virginia Beach, the financial burdens can be lifted and your family will be allowed to grieve in peace. Damages that surviving family members of a victim can recover can include:
- Compensation- Loss of income, services, protection, care, and assistance from the deceased
- Funeral and burial expenses- The average funeral can cost anywhere between $7,000 and $12,000. This includes service and burial fees, the casket, and all the preparations made for the services.
- Mental anguish- Loss of companionship, comfort, guidance, society, kindly offices, and advice of the deceased
- Expenses- Care, hospitalization, medical treatment for the injury that resulted in the death
- Punitive damages- Includes willful or wanton conduct by the defendant, or recklessness with a conscious disregard for the safety of others
If you and your family are the survivors of a wrongful death victim, you have the right to demand compensation. Our committed team of wrongful death attorneys at Virginia Beach Injury Law understands the heartache of never being able to get a loved one back, and we are here to protect your rights. We handle wrongful death claims in Virginia Beach, Norfolk, Newport News, Portsmouth, Hampton, Suffolk, and Chesapeake. Contact us today for your free, no-obligation, and confidential consultation to discuss your case and get your wrongful death claim started as soon as possible.
Why Taking Early Action Is Important
In the state of Virginia, a wrongful death claim must be claimed by a victim’s family member or a personal representative of the estate within two years of the victim’s death. Collecting the necessary medical records and other evidence to prove that you have a viable case can take up to several months. Getting expert analysis and reports to support the cause of death and damages can take even longer. The sooner you get an attorney involved, the more likely your wrongful death claim will be promptly taken care of. Things a wrongful death attorney can get done for your case include:
- Conducting a thorough investigation- We will gather the evidence we need to fight for you and your family.
- Taking your case to court (if needed)- If we need to fight this further, we have the knowledge and experience to stand for your rights.
- Consulting with highly qualified experts- We take our investigation to the next level by consulting with the best medical experts to confirm your loved one’s cause of death.
- Making sure your claim is properly and timely filed- There is a time limit of up to 2 years after the victim’s death to file your claim in the state of Virginia.
- Seeking a full and fair settlement- We will stand firmly by your side to ensure that you get the maximum compensation possible for your losses.
- Ensuring your verdict and settlement are collected and distributed as efficiently as possible- Our experienced team of wrongful death attorneys works hard to protect your rights and best interest.
Wrongful death claims are often included as a part of a claim for injuries stemming from a car crash, tractor-trailer crash, or medical malpractice. An experienced attorney can help to ensure that the value of a wrongful death claim is accurately estimated and that full compensation is negotiated from the insurance company. In the event your claim goes to trial, an attorney is essential for the careful collection and preparation of documents and other evidence to support the successful outcome of your case.
Talking With A Wrongful Death Attorney In Virginia Beach
The sudden and untimely loss of a loved one due to somebody else’s negligence is an extremely hard time for the victim’s family members. You don’t have to shoulder the financial burden of losing a loved one alone. At Virginia Beach Injury Law, we believe that all those whose careless and negligible actions took someone’s life must be fully held accountable for their actions. If you feel that your family member’s death was caused by the negligence, recklessness, or carelessness of someone else, contact a dedicated wrongful death attorney at Virginia Beach Injury Law at (757)-802-4662 or visit us at vabeachlaw.com to explore your legal rights as a victim and start your drowning accident claim today.
DO YOU HAVE A CASE?
If you or someone you love has been injured or killed in the Virginia Beach area or Hampton Roads, contact us today to discuss if you have a case: