You have the legal right to bring a wrongful death claim when a loved one passes away as a result of someone else’s careless actions. As wrongful death lawyers for the York area, we sympathize with you and know how challenging managing life and financial decisions can be after an unexpected loss.
For you to cover necessary expenses and receive justice, our Virginia personal injury attorneys will vigorously pursue financial recompense on your and your family’s behalf. Connect with us for a free consultation, or continue reading to learn how our wrongful death legal team will assist you in getting through this trying period.
Amounts Offered in a York Wrongful Death Claim
Your family may be able to obtain compensation for your loved one’s untimely death through a York wrongful death claim. Damages are awarded based on the following economic and non-economic losses:
- Medical expenses related to an accident involving a loved one
- The financial earnings of your loved one
- Costs of burial and the funeral service
- Loss of consortium
- Loss of services
- Mental anguish
In some cases, punitive damages can also be sought if the negligence was so severe that the judge awards additional damages to punish the offender. While this is a rare instance, there are additional costs that can be recovered in negligent death cases. It is best to collaborate with a skilled personal injury lawyer who has experience with cases that are similar in detail to yours.
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What Kind of Death is Considered Wrongful?
Criminal charges that a negligent party may experience as a result of your loved one’s death are unrelated to a wrongful death case. Similar to a personal injury case, wrongful death can result from a wide range of situations, including:
- Car crashes
- Slip and fall incidents
- Product liability
- Medical negligence
- Neglect or abuse in nursing homes
- Premises liability
Our wrongful death attorneys, who serve York and its surrounding areas, can provide guidance if you are still unclear about whether your situation is appropriate for a wrongful death claim. We can help you in your quest for compensation for the wrongful death of a loved one.
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Time Constraints For Filing a Wrongful Death Claim in Virginia
You only have a limited amount of time in Lake Charles to pursue a wrongful death lawsuit. The statute of limitations in Virginia is only two years for wrongful death cases. To request damages, you must file your claim prior to the second anniversary of the death of your loved one.
The statute of limitations will prevent the lawsuit from being considered in court if the two-year window is not reached. Therefore, it’s crucial to hire counsel as quickly as possible after the passing of a loved one.
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How Liability is Establish in a York Wrongful Death Case
By working with one of our wrongful death attorneys, your York wrongful death case will be filed in the appropriate time frame. It is the responsibility of the plaintiffs in wrongful death cases to show:
- Another party engaged in negligence
- An accident resulted from this neglectful conduct
- Due to this, your loved one passed away
To show the negligent party’s liability, your attorney can help you gather strong evidence to support your claim. If needed, we can prepare for litigation if the settlement reached is not enough to cover the damages that you seek in your demand letter.
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What If the Person Who Passed Was Partial to Blame?
In some instances, the decedent may share some of the culpability for the mishap. For instance, if your loved one died in a car accident, they might be held partially responsible for what happened. If so, your ability to collect compensation may be gravely impacted due to Virginia law.
The state of Virginia operated under pure contributory negligence. According to the state’s contributory negligence legislation, the defendant must be entirely at fault for an accident in order to be held responsible for the victim’s damages. Any fault on the part of the victim will completely bar them from seeking compensation.
Virginia does have exceptions to the rule, though. To learn if your case qualifies for this exemption, speak with a qualified unexpected death attorney who can assess the details of your claim accurately.
Surviving Parties That Can Collect Compensation
The money doesn’t merely go to the person who filed the lawsuit if you win your York wrongful death case. A wrongful death attorney may present numerous beneficiaries to assert their right to a portion of the settlement. There are two tiers of beneficiaries under Virginia law:
- Tier 1: Spouse, kids, and grandkids; parents may be eligible if they received benefits for at least a year prior to the date of death.
- Tier 2: Parents, siblings, and other relatives who depend on the deceased for support, regardless of the availability of support services.
The court will take into account the decedent’s will and Virginia Code § 64.2-200 when determining the compensation amount to be granted to the members of each tier. While determining the precise amount to be given to each participant may be difficult, a legal team’s aid can be very helpful in this process.
Let The “Heavy Hitters®” Handle This Difficult Legal Battle For You
You might experience frustration or rage in the wake of a wrongful death, but you don’t have to deal with these emotions on your own. Every step of the way, a wrongful death attorney from the Pendleton Law Team serving York, VA, can assist you. During this trying time, we can handle the legal proceedings for your family.
The arduous procedure of bringing a wrongful death claim forward must be completed before the statute of limitations runs out. Working with an experienced wrongful death attorney can help you preserve your family’s rights and ensure you don’t miss critical deadlines. Insurers know that we fight to obtain the maximum amount of damages without hesitation. Contact us today.
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