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 in Chesterfield County, VA, our wrongful death lawyers can guide you during this tragic time.
During a free initial case consultation, let’s discuss what happened. Our lawyers specialize in personal injury claims and will seek maximum compensation from the liable parties on your behalf. Learn your legal options and how our accident attorneys can help you collect a fair settlement.
Wrongful Death Claims 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, a Virginia accident lawyer can initiate the civil claims process.
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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. If you request it, our wrongful death lawyers serving Chesterfield can provide you with additional information regarding your accident claim amount.
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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.
- 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 Expenses: 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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Proving Fault In a Wrongful Death Case
If a loved one passes away as a result of the carelessness or illegal conduct of another person, you may be able to file a wrongful death lawsuit. Your wrongful death attorney serving Chesterfield will be responsible for collecting and examining proof demonstrating how wrongdoing was involved in your case.
Usually, the personal representative must prove the need for a wrongful death claim by showing:
- Duty of Care: This is the obligation that was owed to your family member, like a doctor owing the standard duty of care to his patients.
- Breach of Duty: Your family’s advocate can easily prove that duty was broken in instances where illegal conduct took place.
- Direct Causation: Providing proof that a person’s misconduct led to the sudden death of your loved one can be a challenge depending on the specifics of your case, but it must be shown that negligent conduct led to their passing.
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The Time to Hire A Wrongful Death Attorney
Contact us today if you are ready to hire a wrongful death lawyer that gets what you are going through. Our initial consultation is free and carries no obligation for you and your family.
We make it easy to find a wrongful death lawyer in Virginia who is both experienced and reasonably priced. Residents of Chesterfield have turned to the Pendleton Law Team for compassionate but persistent legal assistance in acquiring police reports, medical records, and other evidence required to win a sizable wrongful death accident settlement.
During this time, you deserve an understanding legal team whose standards align with your interest in justice and financial relief. We are skilled at what we do and can handle your case while you are navigating the stages of grief and moving forward.
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