If your spouse or loved one has passed away in an accident caused by the careless or negligent behavior of another person, our hearts go out to you.
Pendleton Law Team understands how difficult the sudden loss of a family member can be, which is why our wrongful death lawyers in Virginia Beach are prepared to help you explore legal options.
With the right support from a Virginia Beach personal injury lawyer to handle the legal process for you, you can honor the deceased, support yourself, and give yourself the time you need to complete the mourning process.
Deadline for Filing a Wrongful Death Claim in Virginia Beach
In Virginia, wrongful death claims generally must be filed within two years of the date of death, as outlined in Virginia Code § 8.01-244. If a claim is not filed within this timeframe, you may lose the ability to pursue compensation.
To help protect your rights and better understand your options, you may consider speaking with a wrongful death attorney as soon as possible. Our firm offers free consultations and can discuss potential next steps with you.
An attorney can seek to ensure your Virginia Beach claim is handled in accordance with applicable laws and deadlines within civil court or the state’s legal system, depending on the details of your case.
Who Can File a Wrongful Death Claim After a Loved One Passes?
Losing a loved one is incredibly difficult, and navigating what comes next can feel overwhelming. In addition to the emotional impact, there can be uncertainty around who is able to take legal action on behalf of the person who has passed.
The good news is that an attorney from our law firm can help you with this process as well. In Virginia, a single wrongful death claim is typically filed by the personal representative on behalf of eligible beneficiaries. Virginia law outlines which family members may be eligible to receive compensation:
Under Virginia law, a wrongful death claim must be filed by the personal representative of the deceased’s estate on behalf of eligible beneficiaries. These beneficiaries may include a surviving spouse, children, grandchildren, parents, siblings, or other dependent family members, depending on the circumstances.
It’s important to think about everyone who may want to be included before filing for the wrongful death actions.
Who Receives Compensation in a Virginia Beach Wrongful Death Claim?
The compensation recovered in a wrongful death claim is distributed to the decedent’s statutory beneficiaries under Virginia law. This often includes a surviving spouse, children, or grandchildren, depending on the family structure.
In some cases, other relatives, such as parents, siblings, or dependent family members, may also be eligible to receive a portion of any damages that were recovered. The exact distribution is determined in accordance with Virginia Code § 8.01-53 and may be decided by the court or agreed upon as part of a settlement.
Because every situation is different, the allocation of compensation will depend on the specific facts of the case and the applicable law.
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Wrongful Death Claim Compensation in Virginia Beach
There are a variety of damages that can help you and your family through this dark period.
Once your personal injury law firm has evaluated your losses and the accident your loved one was fatally injured in, they’ll know exactly what next steps can be taken for potential damages.
Below are some common types of losses that people seek compensation for:
Medical Bills
If your loved one received medical care at a hospital before they passed, you’ve probably received their treatment bill and have their medical records. If you qualify for these damages, they can cover any end-of-life medical expenses you’ve inherited from the deceased.
Lost Income
If you were financially dependent on the deceased, you might be wondering how you’ll be able to take care of yourself in the coming months. We want to make this time as comfortable as possible for you, which is why our wrongful death attorneys in Virginia Beach will do thorough research and let you know your options for this.
Pain and Suffering
Losing someone close to you in a tragic accident can be incredibly painful and psychologically harmful. While potential damages can’t bring your loved one back, they are intended to recognize the emotional impact of your loss.
Funeral Expenses
A proper funeral and burial can be expensive, especially if you haven’t had time to plan and budget. This is definitely taken into consideration when assessing your case.
Punitive Damages
Punitive damages are reserved for accidents caused by individuals who displayed gross negligence and extreme carelessness, in certain cases.
If an option for your personal injury case, these damages will help you and your family cope with your loss, celebrate the life of the deceased, and afford the costs that come with a fatal accident.
For the next steps, your attorney will have to negotiate a settlement with the at-fault party’s insurance provider, based on the details of your case.
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How a Wrongful Death Claim Works in Virginia Beach
Here’s what you can expect the claim process to look like: it’s exactly where a helpful attorney can step in to help:
Investigating the Circumstances of the Death
Your attorney will usually begin by reviewing the circumstances surrounding your loved one’s passing. This may include gathering medical records, police or accident reports, witness statements, photos and videos of the scene, and other evidence.
Identifying Liable Parties in a Virginia Beach Wrongful Death Claim
From there, your lawyer may identify all potentially responsible parties. Depending on the situation, this could include a driver, property owner, employer, manufacturer, or another entity.
Determining liability is an important part of building a claim and understanding what compensation may be available; it’s also often where you need a lot of legal help.
Filing the Claim and Negotiating a Settlement
Once the claim is prepared, your attorney may submit it to the appropriate insurance companies and begin settlement discussions. Many wrongful death claims are resolved through negotiation, but some cases may proceed to court if a fair resolution cannot be reached.
Insurance companies often review claims carefully and may dispute or limit certain damages, which can affect the compensation offered. Your attorney may use available evidence to support your claim, such as accident reports, medical reports, police reports, or similar evidence, and advocate on your behalf.
While every case is different, having legal representation can help ensure your claim is presented clearly and handled in accordance with applicable laws.
Calculating Damages and Moving Forward
Throughout this process, your lawyer can also help calculate damages based on financial losses, emotional impact, and other factors recognized under Virginia law. While no outcome can be guaranteed, having legal support can help ensure your claim is handled carefully and in accordance with state requirements.
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Types of Fatal Accidents Our Virginia Beach Lawyer Can Investigate
Our Virginia Beach attorneys have worked with wrongful death claims for a number of different types of accidents. Here are some of them:
- Car accidents, motorcycle accidents, truck accidents, and pedestrian accidents: Motor vehicle accidents can be some of the most complicated cases, because several parties could be liable, and there could be multiple causes. Fatal accidents can be caused by everything from distracted driving, drunk driving, to unsafe road conditions. A thorough investigation and review of Virginia law is often necessary to determine fault and identify all responsible parties.
- Medical malpractice incidents: When a healthcare provider fails to meet the standard of care, in several situations, this may be negligence and can lead to death. There are some more obvious medical malpractice claims that most people are aware of, like surgery; however, even something like misdiagnosis may fall under medical malpractice.
- Defective product or product malfunction injuries: Defective products or products that malfunction can cause serious harm to children and adults. In extreme cases, this can mean death. Think of car accidents where the airbag doesn’t deploy when it’s supposed to; situations like this can mean a liable manufacturer or installer.
- Workplace accidents: When a loved one is fatally injured at their workplace, and there was negligence, there may be a claim. Construction accidents, for example, are a common place where accidents can be fatal.
- Nursing home abuse: Nursing home abuse can be fatal, and when the situation includes actions like lack of adequate supervision, failure to provide needed medical care, unsafe living conditions, and neglect, there may be a claim to pursue.
- Animal attacks: Fatal injuries caused by animal attacks, such as dog bites, may lead to a claim if the owner failed to properly control or restrain the animal. In some cases, prior aggressive behavior or violations of local leash laws may be relevant factors.
These are just a few of the accidents we can help you with. Our attorneys and law firm have decades of legal experience fighting for grieving family members. So don’t hesitate to reach out to us about a personal injury claim or wrongful death case for a consultation.
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Contact a Wrongful Death Attorney to Get Started on Your Claim in Virginia Beach
Taking the right steps after the death of a loved one can allow you to celebrate their life and give you the time you need to mourn their passing.
One of those steps is contacting a wrongful death lawyer in Virginia Beach. A lawyer can help you build a claim, negotiate a settlement, and pursue compensation, which is distributed according to Virginia law.
Pendleton Law Team is here to assist you during this dark and painful time. Our compassionate lawyers will handle the legal side of things and keep you informed on important developments in your case.
They’ll make sure this process is as stress-free as possible for you and your family. Contact us today for a free consultation.
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