Seeking Justice: How a Wrongful Death Lawyer in Virginia Supports Grieving Families After the Loss of a Family Member
The loss of a loved one or family member is incredibly tragic and can be one of the most difficult times anyone experiences, particularly if it was due to the negligence of another party. When you are grieving, the last thing you want to worry about is a wrongful death lawsuit. If you’re looking for a wrongful death lawyer, Virginia residents should call Burnett & Williams, a leading law firm with offices throughout the Commonwealth.
Understanding wrongful death claims
It’s important to note that a wrongful death case is a civil suit, meaning it is different from criminal charges such as murder or manslaughter. While criminal charges are levied by the government and result in punishments like jail time, in Virginia, only the personal representative of the decedent’s estate can file the wrongful death lawsuit under Va. Code § 8.01-224(B). The beneficiaries (surviving family) receive the damages, but they cannot file directly.
With this in mind, it’s important to note that a person can be found both guilty in a criminal trial and civilly liable. It is also possible to be found civilly liable but not criminally guilty.
How your wrongful death attorney will help you recover damages suffered from your loss
Ultimately, the goal is to recover compensatory damages (i.e., economic and non-economic damages, such as sorrow, lost companionship, and services). Punitive damages are only available in limited circumstances (e.g., willful or wanton conduct, or egregious negligence, such as drunk driving) under Va. Code § 8.01-52(5).
“Part of the damages we seek to recover are the tangible costs, such as funeral expenses and medical bills accrued before they passed,” explains C. James Williams III, principal of Burnett & Williams. “However, we will also recover other types of damages you face. For example, if your loved one was in charge of childcare, and you now have to pay for childcare, you may be entitled to compensation for that. If you were dependent on your loved one’s income, a settlement or award package may include damages for that.”
Many states, including Virginia, also allow relatives of the deceased to pursue damages for emotional pain and suffering in a wrongful death case. “The loss of a loved one causes severe psychological impacts and emotional anguish,” says Williams. “You’re losing companionship, guidance, and care that you have likely grown to be emotionally dependent on. The loss of your loved one may cause you to miss time from work due to bereavement or lose interest in things that you once took joy in. You should not have to suffer more than you already have from this loss.”
Unfortunately, winning a wrongful death case in Virginia can be somewhat tricky. Virginia wrongful death law requires the plaintiff to prove by “a preponderance of evidence” that the victim’s death was directly due to the negligence of an at-fault party. A wrongful death attorney must prove that the negligent party had a duty of care, that they breached this duty, that the victim’s death resulted from this breach, and that there were damages.
Complicating things even further is Virginia’s contributory negligence law, which could prevent the estate from collecting damages if the victim was even 1% responsible for their own death. It’s also important to keep in mind the two-year statute of limitations in Virginia law for filing a lawsuit.
This complexity is why it is essential to hire a skilled personal injury attorney as soon as possible after a loved one’s death. They will help you navigate the nuances of a wrongful death case in Virginia.
Furthermore, you already have enough to worry about after the loss of a loved one. You’re dealing with the funeral, settling all of your loved one’s remaining business, and of course, trying to rebuild your life with a major absence left in it. Don’t let the paperwork of a wrongful death claim be another burden to add to that list.
See also: Understanding Parental Rights and Responsibilities Under Family Law
How your wrongful death lawyer will approach your wrongful death lawsuit
After agreeing to take on your case, your wrongful death lawyer will begin by conducting a thorough investigation of the case. They will gather any relevant evidence, including police reports, witness statements, medical records, and any other information that could help prove fault in the case. They may also consult expert witnesses, including medical experts or accident reconstruction specialists, who can help establish negligence.
After they have built your case, your wrongful death attorney will get to work on the negotiation process. They will create and send a demand letter to the at-fault party’s insurance company with the damages, as well as evidence they have to assert their insured’s negligence. There is often a process of offers and counter-offers that can last months or even years before a fair settlement is reached.
While many wrongful death cases are settled in this manner, in some instances, the insurance company and attorney may be unable to reach a mutually satisfactory settlement, at which point the case will proceed to trial. There, in front of a judge and/or jury, lawyers from both sides will present evidence and call witnesses to testify, culminating in either the case being dismissed or the plaintiff being awarded damages.
Burnett & Williams is the best Virginia wrongful death law firm
The entire process of a wrongful death suit — whether it is settled or goes to trial — is long, complicated, and full of emotion. In many ways, the insurance companies will try to make it more difficult for you than it has to be.
When you work with a Virginia wrongful death lawyer like Burnett & Williams, you can rest assured knowing you’re in great hands. “If you have lost a family member or loved one due to someone else’s negligent, wrongful acts, contact us today for a free consultation,” Williams concludes.
