Short Pump Wrongful Death Attorneys
Caring advocacy when accidents take the life of loved ones in Virginia
It’s the worst phone call you can receive – being told that a family member has died in a preventable accident. At Phelan Petty Injury Lawyers, we have several decades of experience holding drivers, doctors, property owners, and manufacturers accountable for the deadly accidents their negligence causes.
Our Short Pump wrongful death attorneys help families honor their loved ones by showing how the death of a family member happened and why it was preventable. We can seek compensation for the personal and financial damages that wrongful death accidents cause. Contact us now to speak with our caring, experienced trial lawyers.
Our record of verdicts and settlements in wrongful death cases includes:
- $3.75 million. We represented the family of a ten-year-old girl who drowned while using a resort swimming pool. Her hair became entrapped in a suction outlet because of the resort’s failure to comply with national or international standards.
- $3 million. We filed this case for the family of a baby who died due to medical negligence. A hospital released a mother who presented with emergency symptoms instead of performing an emergency C-section.
- $2 million. This medical malpractice case involved the failure to diagnose lung cancer, causing a person’s death.
- $1.7 million. We represented the family of an 87-year-old woman who died in a motor vehicle crash.
- $1.3 million. This medical malpractice case involved improper chemotherapy for testicular cancer.
- $1.275 million. This wrongful death case was based on a medical malpractice claim involving a vascular injury to a neonate with a congenital heart defect.
Every case is different. While past results can’t guarantee future outcomes, they do show how hard we work for our clients.
How can we help?
- What is a wrongful death claim?
- What types of accidents cause someone to die in Short Pump?
- Who are the beneficiaries of a wrongful death claim?
- How much is a wrongful death claim worth in Short Pump?
- What are the unique issues in wrongful death claims?
- What is the time limit for filing a wrongful death claim in Virginia?
- Do you have a Short Pump wrongful death attorney near me?
What is a wrongful death claim?
In Virginia, a wrongful death action can be filed by the decedent’s personal representative for the benefit of the statutory beneficiaries if a loved one’s death is due to “the wrongful act, neglect, or default of any person or corporation.”
The personal representative is the person the decedent designates in their will (the executor) or the person the court appoints (an administrator) if the decedent does not have a will.
What types of accidents cause someone to die in Short Pump?
Our Short Pump wrongful death lawyers handle wrongful death claims due to the following acts, among others:
- Vehicle accidents
- Car accidents
- Truck accidents
- Motorcycle accidents
- Rideshare (Uber and Lyft) accidents
- Pedestrian accidents
- Bicycle accidents
- Mass transit accidents
- Medical malpractice claims, including birth-related injuries and, in limited circumstances, deaths involving infants where Virginia law permits due to a failure to make a proper or timely diagnosis, surgical mistakes, medication errors, anesthesia errors, lack of informed consent, 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
- Explosions
Who are the beneficiaries of a wrongful death claim?
In Virginia, wrongful death proceeds are distributed to statutory beneficiaries in priority, subject to the conditions set forth in Va. Code § 8.01-53. Generally:
- Spouse/children and descendants
- Then, certain other family members
- And, in some cases, dependent household members/relatives, as the statute provides
Our lawyers can explain which family members are eligible to receive wrongful death benefits and the amounts of those benefits.
How much is a wrongful death claim worth in Short Pump?
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, care, protection, services, and assistance provided by the decedent
- The medical costs to care for and treat your family member between the time of the accident and the time of their death
- The reasonable funeral and burial expenses
We may also seek punitive damages for willful or wanton conduct or a conscious disregard for safety, subject to Virginia’s statutory cap on punitive damages.
What are the unique issues in wrongful death claims?
There are several important issues in wrongful death cases that our Short Pump wrongful death lawyers can help you address.
- Your loved one is not alive to testify. This means that we need to present evidence through eyewitnesses, the police, traffic reconstruction experts, physicians, and others who can explain how your loved one died and who is responsible.
- There may be criminal charges. The police or prosecution does not need to file criminal charges. You can prevail in a civil case without any criminal charges or convictions. If the government does file criminal charges, we can coordinate your civil wrongful death case with the criminal case.
If the decedent’s negligence was a proximate cause of the deadly accident, the wrongful death action may be barred under Virginia’s contributory negligence rule. Our lawyers can work to show that your family member was not in any way responsible for the accident that caused their death.
What is the time limit for filing a wrongful death claim in Virginia?
The time requirement for filing a wrongful death claim is within two years from the date of the death of your loved one. Some exceptions may apply.
Please don’t wait. We need to speak with witnesses and investigate the cause of the accident because your loved one is not alive to speak with us.
Do you have a Short Pump wrongful death attorney near me?
Yes. We meet personal representatives and families at our Richmond office, located at 3315 West Broad Street. We also discuss wrongful death claims by phone and through online video platforms.
We can calmly and clearly help you through each step of the claims process while respecting your need to mourn the loss of your loved one.
Contact our caring Short Pump wrongful death lawyers today
At Phelan Petty Injury Lawyers, we understand your grief and your desire to hold those responsible for taking the life of your loved one accountable.
Contact us to schedule a free consultation. We handle wrongful death cases on a contingency fee basis. We serve clients throughout Virginia.