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Petersburg Wrongful Death Lawyer

Losing a loved one is one of the most difficult things we will ever face in life. Although nothing can or will ever replace your loss, Virginia law gives you the right to seek some measure of justice when life is taken due to the negligence or carelessness of another person or company. Instead of worrying about what to do next, speak to one of our Petersburg wrongful death lawyers at Pendleton Law. We will answer any questions you may have and advise you on your course of action in a free evaluation. Call us at (804) 250-5050 or fill out our contact form online to schedule your free consultation today.

Why Pendleton Law is the Right Choice to Represent You

  • Our team is well-versed in Virginia’s wrongful death laws and the most effective means of representing families who have suffered a serious loss.
  • We strive to provide superior representation to wrongful death victims and ensure each client receives the utmost effort from our team.
  • There are no up front costs, and you will only pay when we achieve a favorable settlement or verdict in your case.

What is Considered Wrongful Death in Petersburg?

Wrongful death is defined as death “caused by the wrongful act, neglect, or default” of another party, according to Virginia Code section 8.01-50. Cases of wrongful death are similar to circumstances which would call for a personal injury lawsuit, if the person had lived. Examples of fatal accidents from which wrongful death claims are often filed, include:

  • Motor vehicle accidents caused by negligent drivers or dangerous roads
  • Accidents caused by defective or dangerous products
  • Slips, trips, or falls due to hazards on someone’s property
  • Construction site or workplace accidents
  • Medical malpractice or hospital errors
  • Nursing home abuse
  • Dog bites or attacks
  • Violent assaults

Filing a Wrongful Death Lawsuit & Types of Damages in Petersburg

The “statutory beneficiaries” of the deceased can file a wrongful death claim in Virginia. Statutory beneficiaries can include the following family members or dependents:

  • The surviving spouse, children, or grandchildren
  • Surviving parents, siblings, relative who shared a household with the deceased and was dependent on them.
  • Surviving family member who is inheriting the deceased’s estate under Virginia’s intestacy laws.

The list above is in order of which surviving family members have the right to initially file a wrongful death claim in Petersburg. For example, the spouse, children, and grandchildren are first in their right to file a claim, however if there are no such family members, then the right goes to the surviving parents, siblings, or dependents, and so on.

When a family member does choose to pursue a wrongful death claim, they have the ability to seek damages for the following:

  • Sorrow and mental anguish
  • Loss of the consortium (deceased’s care and companionship)
  • Loss of the deceased’s income and benefits, including anticipated future income
  • Medical expenses associated with the fatal injury or illness
  • Funeral and burial expenses (within reason)
  • Punitive damages

Most of these damages are intended to compensate surviving family members for their losses. Whereas, punitive damages are awarded when a defendant is being punished for their “willful or wanton” behavior that exhibited “a conscious disregard for the safety of others.” (Section 8.01-52)

Why You Need a Petersburg Wrongful Death Lawyer

Losing a loved one is a traumatic enough experience, without having to deal with legal stress on top of it. A legal professional to advocate for you while your grieving may be the best option. Insurance companies will often try to take advantage by offering a low, quick settlement to avoid a lawsuit. An experienced wrongful death attorney in Petersburg knows how to handle insurance companies and get you and your family fair compensation.

Contact Pendleton Law Today

The state of Virginia only allows a time period of two years for grieving families to pursue a wrongful death claim. Call Christina Pendleton & Associates if your family has been devastated by the loss of a loved one. We offer free initial consultations, call (804) 250-5050 or contact us online.