Tuckahoe Wrongful Death Attorneys
Helping families who have lost a loved one due to negligence in Virginia
It’s the worst call possible – being informed that a loved one died. It’s even more upsetting to learn that your loved one’s death was avoidable. At Phelan Petty Injury Lawyers, we respect your need to mourn. We help families honor their loved one’s hope for the best for their family members. Wrongful death actions help provide financial compensation for the damages caused by your loved one’s death and the personal damages that each family member is suffering. Our Tuckahoe wrongful death lawyers understand the unique challenges involved in handling wrongful death claims, starting with the need for others to speak for your loved one now that he/she is gone. Let us help.
How can we help?
- What is a wrongful death claim?
- What can lead to a wrongful death?
- Who are the beneficiaries of a wrongful death claim in Virginia?
- What damages can be awarded in a Tuckahoe wrongful death case?
- What are the unique challenges involved in a wrongful death claim in Tuckahoe?
- What is the time limit for filing a wrongful death claim in Virginia?
What is wrongful death?
In Virginia, a wrongful death claim can be filed “Whenever the death of a person shall be caused by the wrongful act, neglect, or default of any person or corporation.” A wrongful death is essentially a personal injury claim that is brought by the decedent’s personal representative on behalf of the beneficiaries of the decedent’s estate. A wrongful death lawsuit requires showing that the death of your loved one is due to the negligence of the defendants.
The personal representative of an estate is the person named in the decedent’s will or a person appointed to be the administrator of the estate if the person who died did not have a will.
What can lead to a wrongful death?
Our Tuckahoe wrongful death lawyers handle the following types of personal injury cases that caused the death of your loved one:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle and pedestrian crashes
- Mass transit accidents
- Unsafe properties
- Medical malpractice
- Dangerous and defective products
- Nursing home neglect and abuse
- Fires and explosions
Who are the beneficiaries of a wrongful death claim in Virginia?
Wrongful death damages are paid to certain designated beneficiaries, depending on the circumstances. Virginia defines the beneficiaries as follows (in the order presented):
- the surviving spouse, children of the deceased and children of any deceased child of the deceased, and, only if there is a surviving spouse, children of the deceased, or children of any deceased child of the deceased, the parents of the decedent if any of such parents, within 12 months prior to the decedent's death, regularly received support or regularly received services from the decedent for necessaries, including living expenses, food, shelter, health care expenses, or in-home assistance or care, or
- if there is no surviving spouse, children of the deceased, or children of any deceased child of the deceased, then to the parents, brothers and sisters of the deceased, and to any other relative who is primarily dependent on the decedent for support or services and is also a member of the same household as the decedent or
- if the decedent has left both surviving spouse and parent or parents, but no child or grandchild, the award shall be distributed to the surviving spouse and such parent or parents or
- if there are survivors under clause (i) or clause (iii), the award shall be distributed to those beneficiaries and to any other relative who is primarily dependent on the decedent for support or services and is also a member of the same household as the decedent.
Our Tuckahoe wrongful death lawyers will explain who else may qualify if there are no eligible beneficiaries based on the above criteria.
What damages can be awarded in a Tuckahoe wrongful death case?
At Phelan Petty Injury Lawyers, we demand compensation for all of the following damages, which are authorized by Virginia law:
- Funeral expenses. This amount should also include the burial expenses.
- Financial losses. “Compensation for loss of income of the decedent and services, protection, care, and assistance provided by the decedent.”
- Personal losses. “Sorrow, mental anguish and loss of society, companionship, comfort, guidance and advice of the decedent.”
- Pre-death medical care. “Expenses for the care, treatment, and hospitalization of the decedent relating to the injury resulting in his or her death.”
- Punitive damages. We seek punitive damages if the defendant’s conduct rises to the “level of willful or wanton conduct, or such recklessness as evidences a conscious disregard for the safety of others.”
What are the unique challenges involved in a wrongful death claim in Tuckahoe?
Our Tuckahoe wrongful death lawyers have helped many families in this difficult time seek compensation for the wrongful death of their loved ones. Some of the unique challenges involved with wrongful death claims are:
- There may be a companion criminal case. Criminal charges don't need to be filed to pursue your civil claim. However, criminal charges are sometimes filed when someone dies. A very common example is when a driver who is intoxicated causes a fatal crash. Criminal driving under the influence charges and possibly involuntary manslaughter charges can be filed against the driver. We coordinate your civil case with the prosecutors and police who file and pursue these criminal charges.
- There will be issues regarding the testimony of any witnesses and the ability to prove your claim. Since your loved one is tragically deceased, there are rules of fair play about what the defendants can testify to since your loved one isn’t there to give his/her account of what happened. Our Tuckahoe wrongful death lawyers are skilled at working with the police, traffic reconstruction experts, product safety experts, and other witnesses to show how the accident that took the life of your loved one happened – and why the defendants should be held liable.
It's also important to note that Virginia law provides that expressions of sympathy in medical malpractice cases generally cannot be introduced as evidence of fault.
What is the time limit for filing a wrongful death claim in Virginia?
Virginia requires that a wrongful death claim be filed within two years from the date of the death of your loved one.
We recommend that you contact our Tuckahoe wrongful death lawyers as soon as possible after the accident that caused the death of your loved one. We will respect and honor your need to mourn. However, it helps your claim if we can investigate the accident while everyone’s memories are fresh and the evidence is still available for review.
Speak with our compassionate Tuckahoe wrongful death lawyers today
No amount of compensation can ever bring back your loved ones. The goal of a wrongful death claim in Virginia is to financially compensate the family members for the death of their loved one. Those funds can help families honor their loved ones, grieve, and pay their bills. At Phelan Petty Injury Lawyers, we work to maximize the amount of compensation families receive. To speak with our Tuckahoe wrongful death lawyers, call us today or use our contact form to schedule a free consultation. We’ll help you through this difficult time.