Wrongful Death Claims After a Richmond Truck Accident

The sudden loss of a loved one is devastating. But when that loss is caused by a preventable truck accident, the grief can be compounded by anger and injustice. If you have lost a spouse, child, parent, or other close family member in a truck accident caused by negligence, you might be eligible to file a wrongful death claim.

A wrongful death lawsuit allows the surviving family members of a deceased person to seek compensation for their loss when that death was caused by the wrongful act or negligence of another party. In Richmond, wrongful death claims are governed by Virginia Code § 8.01-50.

Who can file a wrongful death claim after a truck accident?

Under Virginia law, the personal representative of the deceased person’s estate usually files a wrongful death claim. The personal representative can be the spouse, child, parent, or other close family member appointed by the court. The claim is then brought on behalf of the beneficiaries, which typically include spouses, children, and financially dependent parents or siblings of the deceased.

Elements of a wrongful death claim in truck accidents

For a successful wrongful death claim following a Richmond truck accident, you will need to prove the following elements:

• The death of the victim: Medical records or a death certificate will establish this element.
• The death was caused by the wrongful act or negligence of the defendant: This involves demonstrating that the truck driver or trucking company acted negligently in a way that directly caused the accident and the victim’s death. Examples of negligence in truck accidents include:
  • Distracted driving (using a cell phone, eating, etc.)
  • Driving under the influence of alcohol or drugs
  • Speeding or reckless driving
  • Violating traffic laws (e.g., failing to yield, ignoring red lights)
  • Fatigued driving (violating rest period regulations)
  • Improper vehicle maintenance (faulty brakes, tires, etc.)
  • Improper cargo loading or securing
• The deceased was a financial provider to the beneficiaries: Evidence of the deceased’s income and the beneficiaries’ financial dependence supports this element.

Damages recoverable in a Richmond wrongful death claim

If your wrongful death claim is successful, you might be entitled to recover various types of damages, including:

• Loss of financial support: This includes lost wages, benefits, and the potential future earning capacity of the deceased.
• Loss of household services: The value of the deceased’s contributions to household chores, childcare, or other services can be included.
• Loss of companionship and guidance: Compensation for the emotional pain and suffering associated with losing a loved one.
• Medical and funeral expenses: Reimbursement for medical bills incurred due to the accident, as well as the costs associated with the funeral and burial.

Wrongful death claims arising from truck accidents are complex and often involve big insurance companies representing the truck driver and trucking company. The truck accident lawyers at Phelan Petty Injury Lawyers can provide invaluable assistance throughout the legal process, including:

• Investigating the accident: Gathering evidence such as police reports, accident scene photos, witness statements, and truck driver logs to establish negligence.
• Consulting with accident reconstruction experts: These professionals can analyze the evidence and provide insights into how the accident occurred.
• Calculating the value of your claim: Accurately assessing the potential economic and non-economic damages you have suffered.
• Negotiating with insurance companies: An experienced lawyer can effectively negotiate with insurance companies to maximize your compensation.
• Representing you in court: If necessary, your lawyer will represent you in court and argue your case before a judge and jury.

Remember, Virginia has a statute of limitations for filing wrongful death claims. In general, you have two years from the date of your loved one’s death to file a lawsuit. It is critical to consult with a lawyer as soon as possible after the accident to ensure you meet all deadlines and preserve your legal rights.

Losing a family member in a truck accident can be overwhelming. While seeking legal recourse cannot bring back your loved one, it can provide a sense of justice and financial security as you navigate the difficult road ahead. It is important to prioritize your mental and emotional well-being during this challenging time. Here are some resources that can offer support:

• Grief counseling: Consider seeking professional counseling to help you process your grief and cope with the emotional trauma of your loss.
• Support groups: Connecting with others who have experienced similar losses can be a source of comfort and understanding.
• Financial planning: Your attorney can help you understand the financial implications of your loss and guide you toward securing your financial future.

There is no right or wrong way to grieve. Allow yourself time to process your emotions and seek support from professionals and people you care about. While pursuing a wrongful death claim will not erase the pain of your loss, it can help hold the responsible party accountable and provide some financial stability as you move forward.

If you have lost a loved one in a Richmond truck accident, you do not have to go through the difficult legal process alone. At Phelan Petty Injury Lawyers, we understand the complexities of wrongful death claims and are dedicated to fighting for the rights of families who have suffered such a tragic loss. Our compassionate and experienced truck accident lawyers work tirelessly to investigate your case, gather evidence of negligence, and fight to secure the maximum compensation you deserve. We offer a free consultation to discuss your legal options and answer your questions. Contact us today, and let us help you seek justice for your loved one. To schedule a meeting with a Richmond-based truck accident attorney, simply call our offices or fill out our contact form. We serve clients throughout Virginia.