To the relatives of accident victims who lost their lives as a result of a personal injury accident, we send our sincere condolences. The Pendleton Law Team offers compassionate legal support to families seeking justice following the untimely death of a loved one, whether it resulted from a car accident, a careless medical professional, or an act of violence.
If you have never had to hire a lawyer or sue anyone, you may not know where to start to file a wrongful death lawsuit, how the state awards claimants, or how to choose the right attorney. All of your concerns are valid, and if your loved one passed away, our in Chesterfield wrongful death lawyers can guide you during this tragic time.
During a free initial case consultation, let’s discuss what happened. Our personal injury lawyers near Chesterfield will seek maximum compensation from the liable parties on your behalf. Learn your legal options and how our Heavy Hitters® accident attorneys can help you collect a fair settlement.
Wrongful Death Claims Legally Defined
Whether a death results from planned or careless behavior, the remaining family can be eligible for compensation. A civil wrongful death lawsuit can be filed to seek restitution for both monetary and emotional losses.
Examples of wrongful death lawsuits include car accidents, motorcycle accidents, truck accidents, nursing home abuse, assault, boating accidents, pedestrian accidents, and medical malpractice. A personal injury attorney will take legal action by filing an accident claim on behalf of the decedent’s family against the at-fault party.
Required Elements to File a Wrongful Death Claim
A wrongful death case requires that the following components be established:
- A negligent or malicious act occurred and led to the death of your loved one
- Your family is now experiencing financial instability due to the loss of the decedent’s income
- An executor or personal representative has already been appointed to manage the estate of the deceased
- The statute of limitations for filing a wrongful death claim in Chesterfield, VA, has not expired
If the wrongful death investigation in Chesterfield is taking longer than anticipated, hiring a Virginia accident lawyer to initiate the civil claims process and manage could potentially expedite your case.
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Eligibility to File a Virginia Wrongful Death Claim
The state of Virginia has a unique legal process that determines a person’s eligibility to collect wrongful death damages. Like every state, there are restrictions on who can file a wrongful death claim or receive the award, but Chesterfield, VA, implements a tier level into the eligibility requirements.
- Tier 1 is primarily for the deceased’s spouse, children, and grandchildren. Under this option, parents may qualify for financial compensation if they were financially dependent upon the decedent prior to their passing.
- Tier 2 consists of parents, siblings, and other members of the family who may have been financially reliant upon the deceased person who suddenly passed away.
Overall, the court will decide how much is allocated to each tier based on the decedent’s will and Virginia Code 64.2-200. An experienced wrongful death attorney serving Chesterfield can provide you with the specific details regarding your eligibility and the potential compensation amount.
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Recovering Funeral and Burial Costs Through a Successful Wrongful Death Lawsuit
If a loved one passes away as a result of the carelessness or illegal conduct of another person, you could choose to file a wrongful death lawsuit as you have the right to seek compensation for these critical expenses. Your wrongful death attorney serving Chesterfield will be responsible for collecting and examining proof demonstrating how wrongdoing was involved in your case.
To have a successful wrongful death claim, your family’s attorney must prove the following elements:
- Duty of Care: This is the obligation that was owed to your family member, such as a doctor owing the standard duty of care to their patients. Your attorney can easily demonstrate this was breached through negligent or unlawful actions.
- Breach of Duty: The Pendleton Law Team can provide clear evidence that the at-fault party failed to uphold their duty, whether through reckless behavior, medical malpractice, or other misconduct.
- Direct Causation: Showing the person’s wrongdoing directly led to your loved one’s passing can be a challenge, but it’s a critical component of your case. Your attorney will work diligently to establish this link.
By meeting these Chesterfield requirements, your wrongful death lawyer can then pursue damages to cover the full cost of your loved one’s funeral and burial.
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Calculating the Payout for a Virginia Wrongful Death Settlement
Virginia does not cap how much a family can be awarded from a wrongful death settlement. Our personal injury law firm consistently pursues the largest settlement sum to guarantee that the deceased’s family receives financial recompense and that the negligent party is held accountable.
The amount of money that plaintiffs can collect is heavily influenced by the financial burden and mental distress caused by the defendant’s negligence. Compensation for the following losses may be sought in a wrongful death lawsuit:
- Lost Income: Individuals who relied on the accident victim’s income may experience financial troubles. If, as a result of the deceased’s death, you can no longer afford certain comforts and necessities, your attorney will seek compensation to restore your life to its pre-loss state.
- Funeral expenses: Funeral home fees, cemetery plot and gravestone, transportation, memorial services, and any other funeral-related expenses can be recovered.
- Mental and Emotional Distress: The emotional cost of coping may lead to deeper health problems. Even though receiving compensation won’t eliminate mental anguish, it provides opportunities for resources that can help you healthily navigate grief.
- Medical Bills: In some instances, family members may still be obligated to pay for any medical care provided to the decedent prior to their passing. It is even possible to recoup burial expenses.
- Punitive Damages: Punitive damages are awarded under specific circumstances that our attorneys can explain during a consultation. Typically, it only applies to egregious incidents where a cautionary precedent must be established for others to follow in order to prevent similar recklessness.
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Hire a Qualified Wrongful Death Attorney Serving Chesterfield
During this traumatic time, you need a legal team that will handle every aspect of the case while you focus on grieving and moving forward. Our wrongful death attorneys make it easy for Chesterfield residents to find the right wrongful death lawyer – one who is not only highly skilled, but also compassionate and reasonably priced.
The Pendleton Law Team is ready to be the advocate you need. With a proven track record of securing sizable wrongful death settlements and positive client reviews, we understand the devastating toll this takes – both emotionally and financially. Our standards are fully aligned with your interests and we provide a complimentary consultation. Contact us today.
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