When a loved one dies, the loss is deeply felt by their friends and family. The knowledge that a loved one died because of another person’s negligence makes their death even more painful.
If you lost a family member to another person’s negligence, you speak with our Richmond wrongful death lawyers immediately. Insurance companies do everything in their power to avoid responsibility in a wrongful death lawsuit, but Portner & Shure, P.A. knows how to hold them to their word. We will fight for justice and compensation in your name and that of your loved one!
Call or contact us online. Initial consultations are free.
How a Virginia Wrongful Case Works
Virginia’s wrongful death statute allows surviving family members and dependents to seek compensation from the party that caused the victim’s death.
Virginia law considers the following individuals as family members and dependents:
- Spouse, children, or grandchildren
- Parents, siblings, or any relative who shares the victim’s household and is a dependent of the victim
- Family member entitled to inherit the victim’s estate according to Virginia’s intestacy laws
A wrongful death lawsuit is filed by the personal representative of the victim’s estate. This personal representative might not have any actual say in the damages won through a successful case, though.
Incidents & Accidents Ending in a Wrongful Death
Some of the most dangerous accidents and incidents can cause wrongful death, such as:
- Automobile collisions
- Bicycle collisions
- Pedestrian collisions
- Motorcycle collisions
- Slip and falls
- Medical malpractice
- Dog attacks
- Industrial accidents
- Nursing home neglect
Damages & Compensation in Virginia
In a wrongful death case, Virginia law allows the family members and dependents to claim damages that are “fair and just” including:
- Sorrow, mental anguish, and solace damages which are meant to compensate for the loss of the victim’s companionship, comfort, guidance, and advice
- Funeral and burial expenses
- Expenses for medical care and treatment which resulted due to the injury that the victim suffered
- Reasonably expected loss of the victim’s assistance, protection, services, and income
Quantifying the financial value of a person’s life and companionship is a difficult task. To properly seek all available damages, our Richmond wrongful death lawyers often work with economists and other financial experts, who can give testimonies in court if needed.
Litigation Defense Strategies
The defense might try to put blame on the deceased to avoid paying any damages. In Virginia, if a party is found to be even slightly liable for their injuries or death, then no claim will be permitted against the defendants for damages.
Defense attorneys might also use the defense of assumption of risk. This argument supposes that the deceased knew they were engaging in a risky behavior yet took that action anyway, resulting in their death.
When Times are Tough, Count On Us
Insurance companies fiercely defend wrongful death cases because they usually end with large financial payouts. They retain aggressive defense attorneys that use every legal and factual argument to prevent a victim’s family from receiving the compensation they deserve, which also makes it difficult to find closure in the years to follow.
Working with our Richmond wrongful death attorneys can level the playing field. For more than 30 years, we have been fighting insurance companies and seeking justice for clients who are grieving the loss of a loved one. We always offer contingency fees, which means you do not pay us attorney fees unless we win your case.
