Many clients can also tend to under-value the losses they have and will continue to experience. Undervaluation is especially common when projecting the full costs of the loved one’s lost income. Working wrongful death lawyer with a wrongful death law firm, like the CEO Lawyer Personal Injury Law Firm, allows you to at very least fully understand the scope of your losses and the legal strategies available to seek repayment.
Who can file a wrongful death suit in Virginia?
Although the personal representative must file a Virginia wrongful death claim, any damages (more on that, below) awarded will go to the deceased person’s “statutory beneficiaries.” (Va. Code § 8.01-53 (2021).)
Discovery gives your attorney the chance to present evidence showing that the defendant was negligent. Most cases settle at this point if you’re able to show compelling evidence. However, if you don’t agree with the settlement offer, you can take the case to trial. We have over 45 years of experience and have obtained over $7 billion on behalf of our clients. If you have suffered the loss of a loved one, contact Strong-Garner-Bauer P.C. We will fight for the justice your loved one deserves. Unfortunately, many nursing homes fail to provide adequate care to the elderly residents under their care.
Due to the frailty of their condition, even a slight injury to a nursing home resident can be fatal. $2,200,000 settlement in a construction accident case on behalf for the death of a laborer in a construction accident. $3,025,000 verdict for the wrongful death of a woman in a New York Car/Bus Accident Affirmed By New York Appellate Division, Second Department.
Adoptive parents may also file a wrongful death claim for their adopted child. These claims may be filed as a single action or the members of the family can group together to file a claim. People who have lost a loved one due to the negligence, neglect or wrongful act of another, are often paralyzed with anger and anguish. When a loved one dies as a result of another’s careless actions or negligence, the law does not take this situation lightly. Victim’s families can receive compensation for the wrongful death of another individual to care for those who are suffering and facing heartache as a result of the accident, with the help of a wrongful death lawyer. Because of the diverse talent and experience of our team, we are able to vigorously represent clients in any personal injury matter.
Establishing Responsibility in Wrongful Death Cases
You will need to work with an attorney who has experience trying cases in court before a judge and jury. Hiring the right lawyer is important because you want to work with an attorney who acts in your best interests. After establishing negligent behavior, a wrongful death attorney must show that behavior contributed to the death of your loved one. Put simply, because the driver was texting, they didn’t see the pedestrian. Instead of slowing the vehicle to a stop, they hit the pedestrian, causing their death.
Sabrina kept in touch with me to let me know how everything was going and I am very happy with the service that she and Andrew provided. Still, it could also occur when a liable person or entity attempts to cover things up or shift blame to avoid accepting responsibility. A wrongful death attorney can investigate to get to the bottom of what happened. You need not worry about the legal costs of pursuing a wrongful death case.
Who can bring a Wrongful Death claim?
During your grieving period, consideration of a wrongful death lawsuit may not seem urgent-however, wrongful death cases must be filed within a specific time period or you risk losing your right to financial compensation. Also, the need for getting a lawyer as early as possible is important. When a person dies because of something another person did, the victim’s family may choose to pursue a wrongful death lawsuit.
Though often filed in conjunction with wrongful death claims, survival actions are separate legal actions. While a wrongful death claim addresses the losses of the survivors of the deceased, a survival action requests compensation for the losses of the deceased. Therefore, they are only appropriate in cases where the deceased did not immediately die following the other party’s negligence. Eligible family members will file wrongful death claims in civil court, which means that the process is conducted separately from any criminal case, should there be charges filed against the party that caused the death.
That person could be the driver at fault in a car accident or a bartender who served alcohol to a drunk driver, among others. In all states, immediate family members like spouses and children and parents of unmarried children can recover under wrongful death actions. It is important to understand, however, that an autopsy can also work against your claim in some instances. That’s why it is important to talk with an experienced New Haven wrongful death lawyer as soon as possible.
