Mechanicsville Wrongful Death Attorneys
Compassionate representation when accidents take the life of a family member
Most traffic accidents are preventable, and many deaths caused by product defects, medical malpractice, and unsafe property conditions can also be avoided. At Phelan Petty Injury Lawyers, our team understands how devastating the wrongful death of a loved one is. We have decades of experience holding individuals and businesses accountable when their actions cause the death of a loved one.
Our Mechanicsville wrongful death lawyers respect your need to mourn while fighting to hold wrongdoers accountable for your financial losses and personal trauma because your loved one is no longer alive. Contact us now to discuss your right to compensation.
Our record of success in wrongful death cases includes:
- $3.75 million settlement for the family of a ten-year-old girl who drowned while using a resort swimming pool when her hair became entrapped in a suction outlet, due to the failure of the resort to comply with national or international standards.
- $3 million in a medical malpractice case involving the death of a baby because a mother, who presented with emergency symptoms, was released from a hospital, instead of having an emergency C-section.
- $2 million due to the failure to diagnose lung cancer.
- $1.7 million for the family of an 87-year-old woman who died in a motor vehicle accident.
- $1.3 million involving improper chemotherapy for testicular cancer.
- $1.275 million due to a vascular injury to a neonate with a congenital heart defect.
Every case is unique, and while past recoveries do show our commitment to our clients, they do not guarantee future outcomes.
How can we help?
- When can a family file a wrongful death claim in Mechanicsville?
- What types of negligence can cause a wrongful death?
- Who are the beneficiaries of a wrongful death claim?
- What is the value of a wrongful death claim in Virginia?
- How do wrongful death cases differ from injuries to living victims?
- How much time do families have to file a wrongful death claim in Virginia?
- Do you have a Mechanicsville wrongful death attorney near me?
When can a family file a wrongful death claim in Mechanicsville?
In Virginia, a wrongful death claim may be brought when a person’s death is caused by the wrongful act, neglect, or default of another, but the action must be filed by the decedent’s personal representative. Typically, the personal representative is named in the decedent’s will or the court may appoint an administrator if there is no will.
What types of negligence can cause a wrongful death?
At Phelan Petty Injury Lawyers, we can handle wrongful death claims due to the following acts, among others:
- Vehicle accidents
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Uber and Lyft accidents
- Mass transit accidents
- Medical malpractice, including birth injuries, deaths due to a failure to make a timely or proper diagnosis, surgical errors, and many other types of medical negligence
- Accidents while on the premises of another person
- Defective products that cause deaths
- Nursing home neglect and abuse
- Fires and explosions
Who are the beneficiaries of a wrongful death claim?
In Virginia, wrongful death proceeds go to the statutory beneficiaries in the order presented, with distribution determined by the court or jury as provided by Virginia law.
- The surviving spouse, children of the deceased, and children of any deceased child of the deceased
- The parents of the decedent, brothers and sisters of the deceased, and any other dependent household members
- Other relatives who were primarily dependent on the deceased
We can explain which family members can receive wrongful death benefits, the priorities, and the amounts of the benefits.
What is the value of a wrongful death claim in Virginia?
Wrongful death damages, as authorized by Virginia law, include the following:
- Sorrow, mental anguish, and solace which may include society, companionship, comfort, guidance, kindly offices, and advice from the decedent
- The loss of income and loss of services, protection, care, and assistance provided by the decedent
- The medical costs to care for and treat your loved one due to the injuries that caused the death of your loved one
- The reasonable funeral and burial expenses
We may also seek punitive damages for willful or wanton conduct, or reckless conduct that evidences a conscious disregard for the safety of others.
How do wrongful death cases differ from injuries to living victims?
Wrongful death cases differ from personal injury cases brought by living victims in several respects.
The first difference is that your loved one is not alive to give their version of what happened. Because your loved one cannot testify on their behalf, it is necessary to present evidence about the cause of their death and who is responsible through other witnesses. These witnesses may include eyewitnesses, the police, product safety experts, traffic reconstruction experts, building code officials, and physicians, who can testify about medical malpractice and how car accidents and other accidents caused your loved one’s death.
Because your loved one cannot testify, the case often depends on other evidence and witnesses. The court’s normal rules of evidence will govern what any of these witnesses may say.
A second difference is that there may be criminal charges. Please know that the police or prosecution does not need to file criminal charges. Wrongful death actions are civil cases. You can prevail in a civil case without any criminal charges or convictions.
If, however, criminal charges are filed, then we can coordinate your civil wrongful death case with the criminal case. For example, if your loved one died due to a drunk driver, the government may file a driving under the influence charge against the driver. We may use breath test results from the criminal case to confirm that the driver was intoxicated.
If the decedent’s negligence was a proximate cause of the fatal accident, recovery may be barred under Virginia’s contributory negligence rule. We can work to show that your loved one was not in any way responsible for the accident that caused their death.
How much time do families have to file a wrongful death claim in Virginia?
The statute of limitations for wrongful death claims is within two years from the date of the death of your loved one. Some exceptions may apply.
Please contact us as quickly as possible. It’s critical that we speak with witnesses and investigate the cause of the accident because your loved one is not alive to tell us what happened. Our Mechanicsville wrongful death lawyers always respect and honor your need to mourn.
Do you have a Mechanicsville wrongful death attorney near me?
Yes. We can meet families of loved ones at our nearby Richmond office, located at 3315 West Broad Street. We can also speak with personal representatives and families by phone and through online video platforms such as FaceTime and Zoom.
We can guide you through each step of this difficult time.
Contact our caring Mechanicsville wrongful death lawyers today
We want to know your loved one. Your family member’s life and memories are personally important to us and are key to showing the value of your claim. The attorneys at Phelan Petty Injury Lawyers work to hold wrongdoers accountable. Contact us to schedule a free consultation. We handle wrongful death cases on a contingency fee basis, and we serve clients throughout Virginia.