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Dealing with a loved one’s unexpected death is incredibly difficult. Along with coping with their loss, relatives of someone who died due to another’s negligence may be unsure about handling the deceased’s medical bills or proving who was at fault for their fatal injury.

If you are in this situation, you don’t have to take on your legal fight alone. The Pendleton Law Team will handle the legal details of your case so you can focus on your loved one. Our wrongful death lawyers in Roanoke will be there for you and your family. 

For more than a decade, Virginians have turned to our firm for help with challenging situations and painful losses. Our personal injury lawyers serving Roanoke will work to recover compensation for the expenses related to your loved one’s death. Call us today for a free consultation.

What Does Wrongful Death Mean?

Wrongful death happens when someone dies because another person or entity was careless or did something wrong. This means the death could have been avoided if the responsible person had been more careful. 

Car accidents, medical errors, slip and fall accidents, or unsafe jobs can all result in fatalities due to someone’s negligence. When this happens, the family can seek justice and compensation through a lawsuit if they can prove wrongful death occurred.

Virginia allows the family to seek compensation for damages associated with losing a loved one. Damages vary according to a case’s circumstances, so there is no average wrongful death settlement amount. We can advise you on your case’s worth once we review your situation.

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How Can a Family Prove Negligence Caused a Loved One’s Death?

To prove negligence in a wrongful death case, a family needs to establish the four key elements of negligence:

  • Duty of care: Show that the negligent party had a legal responsibility to act with care toward the deceased. For example, a driver must follow traffic laws to ensure the safety of others on the road.
  • Breach of duty: Prove the negligent party failed to honor their duty of care. This could be due to careless actions, like running a red light or a stop sign.
  • Causation: Prove the breach of duty directly caused the loved one’s death. The family needs to link the negligent actions to the fatal incident.
  • Damages: Show how the family suffered economic (financial) and non-economic (non-financial) losses due to the death. This includes medical bills, funeral and burial expenses, loss of income, and emotional distress, among other damages.

By gathering evidence such as witness testimonies, medical records, expert opinions, and accident reports, a family can build their case to prove negligence.

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Who Can File a Wrongful Death Lawsuit in Virginia?

While many people will feel a sense of loss over their loved one’s absence, the state allows only certain relatives to pursue wrongful damages. This ensures those most directly affected by the loss can seek compensation. 

Family members who qualify for this compensation are:

  • Spouse: The husband or wife of the deceased.
  • Children: The children of the deceased, including adopted children.
  • Parents: If there is no spouse or children, the parents of the deceased can file the claim.
  • Other family members: If there are no close family members, other relatives who depended on the deceased for support may be able to file a claim.

Our wrongful death lawsuit attorneys serving Roanoke will tell you who can pursue legal action after reviewing your situation. 

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How Our Wrongful Death Claims Lawyer Representing Clients in Roanoke Can Lead Your Case

Our compassionate team will handle your entire case while you take care of your loved one’s arrangements. We will take care of your case without any upfront fees or costs. 

We work under a contingency fee agreement, and we don’t recover a payment unless you win your case. We will take care of all your case’s paperwork, communications with insurance companies and other relevant parties, and filing deadlines. We also will: 

  • Protect your rights and interests throughout the legal process.
  • Investigate and gather evidence to prove what caused your loved one’s fatal injury.
  • Document your loved one’s injuries and the medical treatment they received
  • Identify all the individuals or entities responsible for your compensation.
  • Assess your damages and determine the exact amount each party owes you.
  • Lead negotiations with insurance companies for a favorable settlement.
  • Fight for your recovery at trial if we cannot settle your case outside of court. 

All of these tasks are a lot for grieving families to handle, so this is why our firm takes them on. Call our wrongful death lawyer in Roanoke today for help. We will meet with you during a free consultation.

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We Handle Survival Claims for Families in Wrongful Death Cases

We can help you file a survival claim to seek compensation for the pain and suffering your loved one endured before their death and any medical expenses and lost wages during that time. 

Our team will handle all the legal details for your claim. Unlike wrongful death actions, compensation from a survival claim goes to the deceased person’s estate. In wrongful death actions, financial recovery goes directly to the deceased’s surviving family members.

Is There a Deadline for Your Roanoke Wrongful Death Case?

Virginia law sets a two-year time limit for parties who want to sue for damages caused by wrongful death. The statute of limitations deadline starts on the decedent’s death date, and plaintiffs must file their action within the two-year time window. 

We will monitor the deadline and file your case on time. Connect with our team as soon as possible so that we can review your situation and advise you on how much you have left to file. 

You must meet the deadline—if you don’t, the court will bar you from moving forward with your case if you miss it.

Call Us: Our Wrongful Death Lawyers Serving Roanoke Can Help

It takes time to accept a loved one’s absence, so we know your family will need time to grieve and handle your loved one’s final arrangements. Clients trust us to handle sensitive matters, and we do everything we can to help them find peace of mind during a painful experience. 

Contact our wrongful death lawyers in Roanoke as soon as possible about your wrongful death case. We will work to secure your financial recovery and hold those responsible for your loved one’s death. Call or contact us online for a free consultation.

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