The unexpected and preventable death of a loved one sends families into instant turmoil. Survival feels like a minute-by-minute challenge. Still, the practical elements of life continue. Bills arrive and must be paid.
A personal injury lawyer serving Blacksburg can help families pay those bills and plan for a stable financial future, while providing compassionate support.
The Pendleton Law Team has served thousands of clients, and a wrongful death lawyer serving Blacksburg is ready to get to work for you.
Getting Justice for a Wrongful Death
You can get justice for a wrongful death claim by holding the party responsible for the death accountable for paying you damages. Often, you secure compensation through a settlement. Your attorney values your claim and sends a settlement demand to the negligent party’s representatives.
Typically, the other side responds with a lower offer, and your attorney continues negotiating until both sides agree on a settlement amount.
Officially accepting a settlement resolves the claim. There is no average wrongful death settlement. Its value depends on claim-specific factors. You can expect your attorney to value your claim with care and fight for the highest amount possible.
Sometimes, the at-fault party doesn’t negotiate productively. They might stall discussions, make only low offers, or create other roadblocks.
If this happens in your situation, a wrongful death attorney serving Blacksburg will help you decide whether fighting for justice at trial is the way to go. You can count on our team for exceptional service and representation in either scenario.
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When You Have Grounds for a Wrongful Death Claim
Any accident caused by someone else’s negligence that leads to death can present grounds for a wrongful death claim. Families can seek justice for their loved one’s preventable death and compensation for the resulting consequences.
Motor Vehicle Crashes
Vehicle operators owe all other road users a duty of care. This duty is a legal obligation to protect fellow travelers by complying with traffic laws, avoiding unsafe driving practices, and taking proactive measures to drive safely.
Speeding and driving while distracted constitute duty breaches, as does driving while impaired. According to drinking and driving statistics from the Virginia Department of Motor Vehicles (DMV), over a recent year, alcohol use contributed to 27%, or 1,005, of traffic deaths.
Accidents on Someone Else’s Property
Property owners must keep their properties safe for guests or customers. They need to remove known hazards or warn visitors of them. Falling on a poorly lit staircase or slipping and falling on an icy parking lot surface could cause fatal head trauma.
Those in charge of a property must also ensure adequate security. For example, concert venues must have personnel to maintain crowd control and prevent dangerous fights or “rushes” that could lead to trampling deaths.
From implementing proper lighting and fire safety measures to maintaining locks, property owners must take care to keep their guests safe.
Incidents of Medical Malpractice
Medical practitioners owe their patients a sacred duty of care. When they fail in this duty, patients can die. A surgeon could make a preventable error during a procedure.
A patient’s valid health complaints could be dismissed, going uninvestigated, and only acknowledged when the underlying condition is too advanced to treat. Practitioners could administer the wrong medication or the wrong dose.
Sometimes, a misdiagnosis leads to death. Cancer and sepsis are among the most commonly misdiagnosed illnesses. Incorrect or delayed treatment can lead to worsened conditions and, in some cases, fatal outcomes.
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Understanding Virginia’s Wrongful Death Laws
The Code of Virginia, Article 5, governs wrongful death claims. Those who can file a wrongful death lawsuit in Virginia include the surviving spouse, children, or grandchildren of the deceased. If none of these parties exist, the parents, siblings, or other relatives who are financially dependent on the deceased can file. Damages eligible family members can seek include compensation for:
- Loss of the decedent’s income
- Loss of “services, protection, care, and assistance” from the deceased
- Medical expenses related to the death
- Reasonable funeral costs
- Sorrow, mental anguish, and loss of companionship
Punitive damages apply if the wrongful death resulted from “willful or wanton conduct” demonstrating a “disregard for the safety of others.”
Contributory Negligence Laws
Virginia’s negligence laws are not victim-friendly, as established in Article 3 of the State Code. If your loved one holds any blame for the accident resulting in their death, you cannot seek damages.
A wrongful death attorney serving Blacksburg will work to prevent this outcome, so you can get the justice your family deserves.
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Why Connect with a Wrongful Death Attorney Serving Blacksburg Quickly
Virginia imposes a 2-year filing deadline for wrongful death claims under Virginia Code § 8.01-244. You can lose the opportunity to collect damages if you miss this deadline. Should negotiations fail, you may need to take your battle to court, and you can only do that if you have filed on time.
You need convincing, thorough evidence to prove a wrongful death. By forming a fast legal partnership with a wrongful death lawyer serving Blacksburg, you give our team the best opportunity to collect that evidence before it is accidentally or intentionally lost. We can speak to witnesses before their memories fade and follow all other trails of information before they go cold.
The period following the untimely death of a loved one can put tremendous stress on families. Emotions run high. Your attorney can offer support and guidance during that time.
We will also handle all legalities and discussions with the other side’s insurance and legal representatives so that you can focus on healing.
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We’re Committed to Your Fight for Justice
The Pendleton Law Team understands the anguish and fear that follow the death of a loved one. We are here to help you hold those responsible for that death to account, demanding financial justice for your losses and suffering.
Reach out for help from a wrongful death lawyer serving Blacksburg to secure the effective, dedicated representation you need to fight for justice.
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