Virginia Beach Wrongful Death Attorneys
Losing a loved one is hard. Losing a loved one because of someone else’s bad behavior is even harder. You may feel anger and a desire for justice against the person or people to blame. But you should know that you could have grounds to pursue legal action against them – and that Invictus Law is ready to help.
We understand that no amount of money can make up for your loss. However, the settlement or verdict in your favor can ease the financial burdens you’re experiencing and give you the peace of mind that comes with justice having been done. As Virginia Beach wrongful death lawyers, we provide compassionate support and tenacious legal representation. Contact us today for a free consultation.
What Is a Wrongful Death?
Virginia defines a wrongful death as one that results from “the wrongful act, neglect, or default” of a party other than the deceased. What’s that mean in plain English? A good rule of thumb to determine if you can file a wrongful death suit is whether your loved one would have had grounds to file a personal injury lawsuit against the at-fault party had they survived. Each situation is different, however, and should be carefully evaluated to determine whether you have grounds to file a claim.
Specific wrongful death causes vary, but some of the most common ones our law firm handles include:
- Drunk driving. Choosing to operate a vehicle under the influence of drugs or alcohol is a known danger. Someone who gets behind the wheel when they cannot do so safely is likely liable for a resulting collision.
- Defective or malfunctioning consumer product. For example, if your loved one bought food that was contaminated, got sick, and died, if they were exposed to lead or other toxins in a personal care product, or if they operated an electric product that malfunctioned when used as intended, then you may file a claim against the product manufacturer or designer.
- Accidental overdose or poisoning. Some prescription medications may be released to consumers prematurely, resulting in serious and deadly side effects.
- Motorcycle or car collision. Traffic accidents are the second leading cause of accidental death in the United States. A motorist who causes an accident that proves fatal to another person could be liable for wrongful death. A driver does not need to have violated a specific law in order to be liable.
- Medical misdiagnosis or malpractice. A healthcare professional who fails to treat a patient in a way that meets accepted standards of care could be liable for medical malpractice. Examples include a surgical accident, improper prescribing of medication, and misdiagnosis of a serious disease that meant your loved one missed a chance for vital early treatment.
- Premises liability. If your loved one was injured on a property that should have been kept in good repair and safe for visitors, then the property owner or premises manager may be responsible. This could include a terrible fall, an elevator accident, or being struck by an object.
- Acts of violence.Not all wrongful death cases arise from truly accidental events. A belligerent person who starts a fight or pushes someone to the ground could be liable if their aggression proves fatal.
Don’t see your particular situation listed above? You could still have grounds for a wrongful death suit against the responsible party. An attorney can evaluate the situation and apprise you of your legal options. Contact Invictus Law today to learn more.
How a Virginia Beach Wrongful Death Lawyer Can Help
A skilled wrongful death attorney can help in the following ways:
- Handling legal paperwork. Wrongful death legal filings can be especially complicated and confusing if you’re unfamiliar with the law. Your attorney drafts all legal documents to advance your case and files them on time.
- Pursuing maximum compensation. You may receive a settlement offer from the at-fault party’s insurance company, but it’s probably much less than a trained negotiator could secure.
- Providing emotional support. Pursuing a wrongful death case can be an emotionally fraught experience. You don’t have to go through it alone. Your attorney is on your sideand supports you throughout the process.
- Gathering evidence. A law firm has resources ordinary people do not to collect evidence, subpoena important documents, and depose witnesses under oath.
- Offering legal advice. Your attorney answers your questions and offers advice about your legal options. They defend your rights and represent your interests.
- Representing you in court. Although most wrongful death cases are settled out of court, some go to trial. Your lawyer is your courtroom advocate, litigating your case on your behalf.
Who Can File a Wrongful Death Case in Virginia?
Virginia law stipulates that only the personal representative of the deceased’s estate – the person often called their executor – can bring a wrongful death suit. However, they do so on behalf of the deceased’s survivors, termed their “statutory beneficiaries. Depending on the circumstances, this could include the deceased’s:
- Spouse, children, or grandchildren
- Parents or siblings, if no living member of the first category
- Any surviving family member who could inherit under the state’s intestate laws, if there are no living members of the first two categories
Damages Available in a Wrongful Death Claim
Wrongful death damages include economic losses, like medical bills your loved one had before they passed and funeral and burial costs. Other losses you may be able to claim include:
- Loss of future earnings
- Loss of retirement or pension
- Loss of inheritance
- Loss of guidance and parenting
- Loss of consortium of a spouse
- Pain and suffering your loved one experienced before they died
- Your own emotional trauma
It’s not unusual to feel conflicting emotions about pursuing financial compensation after your family member passes away. However, the money you could recover is about more than what it can buy. It’s also a representation of what the wrongful party took from you and your family, as well as the justice you have secured from them.
Do You Need Representation from a Virginia Beach Wrongful Death Attorney?
If you lost a loved one and believe someone else is to blame, contact Invictus Law. Our skilled Virginia Beach wrongful death lawyers offer compassionate, professional legal advice in a free initial consultation.
