What Is Wrongful Death?
When an individual’s negligent actions result in a death, the at-fault person needs to be held accountable. At Tucker Griffin Barnes, our team of experienced Staunton wrongful death lawyers fight tirelessly to obtain justice and fair recoveries on behalf of the surviving loved ones of those wrongfully killed. Since 1990, we have represented grieving families with compassionate, caring service, while aggressively fighting for justice and compensation on their behalf.
Contact us online or by phone at (540) 328-2808 for a free initial consultation with our seasoned Staunton wrongful death lawyers to learn more about your legal rights and options or click here to read our reviews.
What Are Common Causes of Wrongful Death?
The most common causes of wrongful death are:
- Car Accidents
- Medical Malpractice
- Truck Accidents
- Catastrophic Accidents
- Motorcycle Accidents
- Accidents at Work
- Defective Products
- Pedestrian Accidents
Filing a Wrongful Death or Survivor's Lawsuit in Virginia
In Virginia, only the personal representative of the deceased’s estate may file a wrongful death lawsuit. They may file a civil lawsuit against the at-fault party, who may be ordered to pay damages to the estate of the deceased, and/or surviving family members.
If there is no will, an administrator may be named by filing an application with the Clerk of Circuit Court in the city or the county where the deceased person lived.
There is an exception in situations where a fetus dies due to the wrongful act or neglect of another party. In this case, the mother may file a wrongful death case.
What Compensation Is Available in a Wrongful Death Case?
Damages in wrongful death cases can range from costs for medical care required prior to your loved one’s death to compensation for loss of expected income and other economic and non-economic damages.
Our Staunton wrongful death attorneys can explain the law as it pertains to your situation, as well as the compensation you may be entitled to receive.
We help grieving families recover compensation for:
- Medical bills
- Funeral expenses
- Lost wages and future income
- Loss of expected inheritance
- Emotional distress
- Loss of support
- Loss of companionship/love
What Is the Statute of Limitations on Wrongful Death in Virginia?
Although grief has no end date, there is a time limit for filing a wrongful death claim. The statute of limitations in Virginia is generally two years from the date of death, so don’t wait to speak to one of our personal injury lawyers about your situation.
Get in touch with Staunton truck accident attorneys backed by years of experienced. Call (540) 328-2808 or reach out online.
How is Liability Determined?
Liability in wrongful death situations is established by examining whether the defendant, the party at fault, violated a legal duty of care due to the deceased person. This duty of care often comprises a responsibility to act prudently and securely to ensure the safety and welfare of others.
During the court procedures, liability is established based on the presentation of evidence, witness testimony, expert opinions, and legal arguments. The defendant may be found accountable for the wrongful death if the plaintiff can effectively demonstrate these conditions.
In some situations, liability may be shared among multiple parties if their actions collectively contributed to the wrongful death.
What Do I Need to Prove in a Wrongful Death Case?
You, the plaintiff, must prove that the defendant violated their duty of care through negligent or wrongful conduct. For instance, in a car accident case, if the defendant drove recklessly or violated traffic laws, they may be considered negligent.
You must show that the breach of duty directly caused your loved one's death. That is, even if other elements were present, the other party's acts or negligence contributed to the death.
Choose a knowledgeable truck accident lawyer in Staunton. Contact us or dial (540) 328-2808.
"Ms. Hakes, Thank you so much!"Criminal Defense Client
"Yvonne and her staff are very competent and trustworthy and they went above and beyond in their service to my family member."Personal Injury Client
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The spouses, children, and other family members left behind must grieve their loss while simultaneously worrying about the future, especially when the deceased supported the family financially.
Our Staunton wrongful death attorneys have an in-depth knowledge of the law and a strong focus on client service. We listen to your concerns, inform you of your options, and provide frequent case updates as we guide you through the legal process.
A Vigorous Commitment to Lower CostsWe work hard to keep our rates lower than our peers.
A Dedicated Focus on Client ServiceWe promptly return phone calls, provide play areas for your children during office visits, and when you need us, we'll visit you at home or at the hospital.
A Deep Knowledge of the LawExpertise matters. Most of our attorneys concentrate in only one or two areas of the law.
A Strong ReputationWe're respected attorneys who live to fight and win for our clients.