Chesterfield Wrongful Death Lawyer
Any loss of someone you love is sad, but if someone else’s carelessness brought it on, it may be extremely hard to recover. You have the right to take legal action if your loved one passes away from injuries as a result of someone else’s negligence.
Common examples of wrongful death include, but are not limited to: premise liability, defective products or services, occupational harm, and medical negligence. In each circumstance, someone is responsible for providing a high duty of care.
The wrongful death lawyers at Pendleton Law in Chesterfield have expertise in assisting grieving families. We go above and beyond to offer sympathetic legal support while pursuing the highest settlement possible. Our consultation is free when you’re ready to see if a wrongful death lawsuit is right for you.
Definition of a Wrongful Death Claim
An action for wrongful death is brought when a victim succumbs to their injuries and passes away. Whether the death was brought on by deliberate or careless behavior, the surviving family nonetheless suffered damage. A civil lawsuit can be brought to recover both money and emotional losses.
Key Elements of a Wrongful Death Claim
A wrongful death case requires the following conditions to be satisfied:
- Someone else’s negligence or malice toward the deceased person causes their death
- Financial losses for the surviving family members due to the death
- A personal representative has been selected to handle the decedent’s estate
- The statute of limitations for the state where the deceased passed away specifies how long you have to submit a wrongful death claim.
If an investigator takes longer than expected to identify the cause of the incident, you may still submit a claim.
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Who Can File a Wrongful Death Claim in Virginia?
Each state has its own wrongful death laws. Usually, the state’s laws specify who may file a wrongful death lawsuit and place restrictions on the amount that may be awarded in damages. These cases were initially intended to give widows and orphans financial help.
Virginia state law establishes a tier-level method for allocating each share.
- Tier 1 mostly comprises the deceased’s spouse and grandchildren. If the parents received support from the deceased within the previous year, they may be eligible.
- Parents, siblings, and other family members who require support, regardless of time frame, are included in tier two.
Overall, utilizing the decedent’s will and Virginia Code 64.2-200, the court will decide how much is distributed to each tier. If requested, our Chesterfield wrongful death attorneys can get you further information.
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What is the Payout for a Wrongful Death Settlement?
There is no fixed amount of money one can recover from a wrongful death claim in Chesterfield, Virginia. To ensure that the family of the deceased receives financial compensation and to hold the negligent party accountable, our legal team always seeks the highest settlement sum.
The financial strain and mental distress brought on by the defendant’s negligence strongly influence the amount of money that plaintiffs can recover. In a wrongful death litigation, compensation may be sought for the following losses:
- Lost Salary: Financial difficulties may occur for people who were dependent on the deceased’s income. If after the death of the deceased, certain comforts and necessities are no longer affordable, your attorney will ask for compensation that restores your life to how it was before the loss of your loved one.
- Distress and Suffering: Deep mental anguish or health issues may result from the emotional toll that coping requires. Even though getting paid will not make your pain go away, it may make it possible for you to access services that help families grieve in a healthy way.
- Health Care Costs: The family might still be responsible for paying for any medical care given to the deceased before death. It’s even possible to recover burial costs.
- Retaliatory Damages: This is given under unique conditions, which our attorneys can explain during a consultation. Typically, it only applies to heinous accidents where it is necessary to set a cautionary example for others to follow in order to prevent similar irresponsibility.
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Proving Fault In a Wrongful Death Case
If a loved one passes away as a result of the legal misconduct of another person, you may be able to file a wrongful death lawsuit. Your Chesterfield attorney will be responsible for gathering and assessing evidence that shows foul play was involved in your case. For example:
A driver in a car accident, a bartender who sold someone alcohol who then operated a motor vehicle, a business owner who neglected to maintain their property, or a doctor or other medical professional who demonstrated medical malpractice are just a few examples of such an at-fault individual.
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When Should You Hire A Wrongful Death Attorney?
It’s critical to work with a wrongful death lawyer in Chesterfield that comprehends the sympathy and dedication needed by families during this trying time. It’s common to feel agitated, distraught, and overwhelmed after suffering a loss. Pendleton Law is available to assist.
Our attorneys provide comprehensive legal services that are adapted to your family’s needs. We fight insurance companies for fair payments so that you can focus on recuperating. If you need help, contact us to schedule a free case evaluation with a team member today!
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