Accidents are shockingly common in Virginia and throughout the US, but you might be surprised to learn how often these incidents can be fatal. The US Centers for Disease Control and Prevention (CDC) reports that there are almost 214,000 unintentional injury deaths every year, many of which are preventable. These tragedies affect many other lives beyond the victim, as entire families endure hardship due to the void left behind. If someone close to you died in an accident, you may feel helpless as you face an uncertain future.
While legal action cannot bring back your loved one, a wrongful death claim can alleviate the financial strain and help you cope with unimaginable loss. Our team at the MichieHamlett Law Firm can assist with the process, which is similar in some ways to other personal injury cases. Please contact our office to schedule a free consultation with a attorney, and check out a summary of the basic legal concepts.
Overview of Wrongful Death Laws in Virginia
At its core, a wrongful death action is a type of personal injury case, except the victim died instead of merely being hurt. In these claims, you need to prove the essential elements of negligence to recover compensation. You must have evidence that the responsible party caused the fatal accident by breaching the legal duty to exercise reasonable care. For example, negligence is usually behind:
- Car, truck, and motorcycle crashes;
- Pedestrian and bicycle accidents,
- Slip and falls, and other incidents that occur because of dangerous conditions on property; and,
- Workplace accidents.
Though the true victim in a fatal accident is the one who was killed, compensation in a wrongful death case is intended to alleviate the losses of surviving family members.
The Legal Process in Wrongful Death Claims
In most cases, the victim’s personal representative has standing to seek monetary damages on behalf of the survivors. This might be an individual who was named as executor in a will, but it could be the person appointed by a probate court if there is no will. Like other personal injury cases, your first step will probably be filing a claim with the at-fault party’s insurance company. If the insurer refuses to pay fair monetary damages to settle, you will need to take your case to court.
Our team at the MichieHamlett Law Firm will handle the legal process on your behalf, as we have extensive skills in settlement discussions and years of courtroom experience. We aim to recover the highest amount of compensation allowed by Virginia law, including amounts for loss of consortium, support, guidance, education, and many others.
Contact a Virginia Wrongful Death Attorney Regarding Your Rights
As you can see, wrongful death claims carry significant challenges and legal pitfalls. You put your rights at risk by trying to pursue the responsible party on your own, so count on our team at the MichieHamlett Law Firm to advocate on your behalf. For more information, please contact our office to set up a complimentary case evaluation with a Virginia wrongful death lawyer.