Navigating the complexities of a wrongful death claim can be daunting, but our skilled attorneys are committed to guiding you through every step of the process. We understand the deep emotional and financial impact such a loss can have on families, and we are dedicated to seeking justice and holding the responsible parties accountable. We will help you understand the intricacies of wrongful death claims, build and file the claim on your behalf, negotiate a fair settlement, and represent you in court if necessary. Our comprehensive legal support is tailored to meet your specific needs during this difficult time. Let our compassionate and experienced Norfolk wrongful death lawyers assist you in securing the compensation your family may deserve. Contact us today to schedule a free case review and take the first step toward justice. You don’t owe us anything unless we win your case.
Did you lose a loved one to someone else’s carelessness?
Losing a loved one due to someone else's negligence is a devastating experience that leaves families grappling with grief and seeking justice. Our wrongful death attorneys in Norfolk, VA, will fight tirelessly to help ensure you receive the compensation and closure your family deserves during this difficult time. Get a free consultation today.
Getting Help Is Easy
Getting the help you need is easy. Contact us for a free consultation about your case today.
Let Us Fight For Your Rights
You deserve compensation for the damages you’ve suffered. We are here to protect your rights, and we’ll fight to collect the damages to which you’re entitled under the law.
No Fees Unless We Win
No fees and no obligation for your case unless we win. There’s no risk in letting us listen to your story!
Put an Award Winning Firm on Your Side!
Understanding Wrongful Death Cases in Norfolk
What is a Wrongful Death Case?
In Virginia, wrongful death is defined as the death of an individual caused by the wrongful act, neglect, or default of another person or entity. This type of claim arises when the deceased could have pursued a personal injury lawsuit had they survived.
To file a wrongful death claim, it must be demonstrated that the death was the result of another’s negligent, reckless, or intentional actions and that the deceased would have been legally entitled to seek damages for personal injury if they had lived.
Who Can File a Wrongful Death Claim in Virginia?
In Virginia, the right to file a wrongful death claim is typically granted to the personal representative of the deceased’s estate. The following individuals are generally considered eligible beneficiaries in a wrongful death claim:
- Surviving Spouse: The spouse of the deceased has the primary right to file a wrongful death claim.
- Children of the Deceased: This includes biological children, adopted children, and sometimes stepchildren who were financially dependent on the deceased.
- Parents of the Deceased: If the deceased was unmarried and without children, the parents may file a wrongful death claim.
- Siblings and Other Family Members: In cases where there is no surviving spouse, children, or parents, other family members who were dependent on the deceased or closely related may be eligible to file a claim.
- Dependent Relatives: Relatives who were financially dependent on the deceased, such as grandparents, grandchildren, or others, may also be considered eligible beneficiaries.
If none of these parties are available, other relatives or dependents may be eligible to file the claim. It is important to consult with a knowledgeable Virginia wrongful death lawyer, like Philip S. Georges, to understand your legal rights and ensure the proper party files the lawsuit.
Common Causes of Fatal Accidents
Fatal accidents can occur in a variety of situations, often due to the careless or reckless actions of others. In Norfolk, common causes of wrongful death cases include:
- Motor Vehicle Accidents: Car crashes, motorcycle accidents, and truck collisions are among the leading causes of wrongful death claims. These incidents often result from negligent driving behaviors such as speeding, distracted driving, or driving under the influence of alcohol or drugs.
- Medical Malpractice: Healthcare professionals have a duty to provide a standard of care to their patients. When a doctor, nurse, or other medical provider fails to meet this standard, resulting in a patient’s death, it may be considered wrongful death. Common medical errors include misdiagnosis, surgical mistakes, and medication errors.
- Workplace Accidents: Certain industries, such as construction and manufacturing, present higher risks for fatal accidents. Unsafe working conditions, lack of proper training, or equipment failures can lead to deadly incidents, making employers or third parties liable.
- Defective Products: When a product is defectively designed, manufactured, or lacks proper warnings, it can cause fatal injuries. In these cases, the manufacturer, distributor, or retailer may be held responsible for the wrongful death.
- Premises Liability: Property owners have a legal obligation to maintain safe conditions on their premises. Fatal accidents can occur due to slip and falls, fires, or violent crimes if the property owner fails to address hazards or provide adequate security.
- Criminal Acts: Homicide or other violent crimes can also give rise to wrongful death claims. Even if the perpetrator faces criminal charges, the victim’s family may still pursue a civil lawsuit for wrongful death to seek compensation for their loss.
Each of these situations can lead to devastating consequences for families. If you have lost a loved one due to any of these causes, seek legal assistance from a qualified Norfolk wrongful death lawyer to explore your options for justice and compensation.
Filing a Wrongful Death Claim in Norfolk
Filing a wrongful death claim involves several key steps to ensure a thorough and effective pursuit of justice and compensation:
While it is not required to hire a lawyer, doing so can significantly improve your chances of securing a maximum settlement and make navigating the legal process much easier.
The first step is to meet with an experienced Norfolk wrongful death lawyer. During this free initial consultation, you will discuss the details of your case, and the attorney will evaluate the potential for a wrongful death claim.
Your attorney will conduct a thorough investigation to gather evidence, including medical records, accident reports, witness statements, and expert opinions. This step is essential to building a strong case, and having an attorney’s professional help with investigation and evidence collection can make or break your case.
Once the investigation is complete, your attorney will file a wrongful death lawsuit on behalf of the eligible family members. This legal document outlines the details of the case and the compensation sought.
Both parties will exchange information and evidence related to the case. This phase may involve depositions, interrogatories, and requests for documents.
In many cases, the parties may attempt to reach a settlement before going to trial. Your attorney will negotiate with the defendant’s legal team to hopefully secure a fair settlement that covers your losses.
If a settlement cannot be reached, the case will go to trial. Your attorney will present the evidence and argue your case in front of a judge or jury, seeking a favorable verdict.
If the court rules in your favor, you will be awarded compensation for economic and non-economic damages, such as medical expenses, lost wages, and pain and suffering.
Virginia Statute of Limitations for Wrongful Death Cases
Virginia generally requires wrongful death claims to be filed within 2 years of the date of death (Virginia Statute §8.01-244). However, exceptions may extend this timeframe, such as cases involving minors or when the cause of death was not immediately known (discovery rule). If the death involved a government entity, different time limits and notice requirements may apply.
Mandatory Elements Needed to Prove a Wrongful Death Claim
To prove a wrongful death claim in Virginia, the following elements must be established:
- Duty of Care: Show that the defendant owed a duty of care to the deceased, such as a doctor’s responsibility for proper medical care or a driver’s duty to follow traffic laws.
- Breach of Duty: Demonstrate that the defendant breached this duty by acting negligently, recklessly, or intentionally.
- Causation: Prove that the breach directly caused the death, establishing a clear link between the defendant’s actions and the fatal outcome.
- Damages: Show that the death resulted in quantifiable damages, including economic losses (medical expenses, lost wages) and non-economic losses (pain and suffering, loss of companionship).
Exceptions That May Impact Your Wrongful Death Case
- Contributory Negligence Rule (Virginia Statute §8.01-58): Virginia follows a strict contributory negligence rule, meaning if the deceased is found to have contributed in any way to their own death, even minimally, it can bar recovery of damages. This is an important factor that can potentially prevent the awarding of any compensation.
- Governmental Immunity (Virginia Statute §44-146.23): Claims involving government entities or employees may be subject to sovereign immunity, limiting or completely barring the ability to sue the government for wrongful death. There may also be specific procedural requirements, such as providing notice of the claim within a certain period.
Recoverable Damages in Wrongful Death Cases
In Virginia, surviving family members and beneficiaries may be entitled to various types of damages in a wrongful death case. These damages are designed to compensate for both economic and non-economic losses resulting from the death of a loved one.
- Medical Expenses: Covers the cost of medical treatment related to the deceased’s final illness or injury, including hospital bills, medication, and other healthcare costs incurred before death.
- Funeral and Burial Costs: Compensation for reasonable expenses associated with the funeral and burial of the deceased.
- Loss of Income: Compensation for the loss of the deceased’s expected future earnings and benefits, including wages, bonuses, and retirement benefits that the deceased would have provided to their family.
- Loss of Services and Support: Compensation for the value of household services, care, guidance, and support that the deceased would have provided to their family.
- Pain and Suffering: Damages for the pain, suffering, and mental anguish experienced by the surviving family members as a result of the loss.
- Loss of Companionship and Society: Compensation for the loss of love, companionship, comfort, guidance, and affection that the deceased provided to family members.
- Loss of Consortium: Specific compensation for the surviving spouse for the loss of marital companionship and intimacy.
In cases where the defendant’s conduct was particularly reckless, malicious, or egregious, punitive damages may be awarded. These are intended to punish the wrongdoer and deter similar conduct in the future. In Virginia, punitive damages are capped at $350,000.
Interest on Damages
Virginia law allows for the recovery of interest on the damages awarded, calculated from the date of the deceased’s death to the date of the verdict or settlement.
The distribution of damages among beneficiaries is determined according to Virginia law, typically prioritizing the spouse, children, and parents of the deceased. It is important to work with an experienced wrongful death attorney who can accurately assess and pursue the full range of damages available, ensuring that the surviving family members seek just compensation for their loss.
Importance of Hiring a Wrongful Death Lawyer
Do I Need a Lawyer for a Wrongful Death Claim?
When dealing with the emotional and financial aftermath of losing a loved one to wrongful death, having legal representation can make all the difference. Here are some key benefits of having a wrongful death lawyer by your side:
- Understanding Legal Procedures: Wrongful death claims involve intricate legal procedures and deadlines that must be strictly followed. An attorney can make sure that all paperwork is filed correctly and on time, preventing any potential delays or dismissals of your case.
- Proving Liability: Establishing liability in a wrongful death case can be challenging, especially when multiple parties are involved. A lawyer has the resources to gather evidence, interview witnesses, and build a strong case to prove the other party’s negligence or wrongdoing.
- Maximizing Compensation: Insurance companies often try to minimize payouts in wrongful death claims. An attorney can negotiate with insurers on your behalf, so you can receive fair compensation for medical expenses, funeral costs, lost income, and other damages.
- Providing Emotional Support: Dealing with a wrongful death claim while grieving can be overwhelming. A compassionate lawyer not only offers legal guidance but also provides emotional support, allowing you to focus on healing while they handle the legal aspects of your case.
Work With a Norfolk Wrongful Death Attorney
Working with a Norfolk wrongful death attorney provides valuable support during one of the most difficult times of your life. An experienced attorney can conduct a thorough evaluation of your case, develop a tailored legal strategy to maximize compensation, and effectively negotiate on your behalf. If your case goes to trial, your attorney can represent you in court to help ensure that your interests are protected. Throughout the process, having a dedicated professional handling your case offers you peace of mind while they pursue justice for your loved one.
Why Choose The Wolf Pack®?
At The Wolf Pack®, we understand the profound impact that losing a loved one can have on your life. Our commitment to our clients goes beyond legal representation; we are here to support you every step of the way. Here’s why you should choose The Wolf Pack® to handle your wrongful death case:
- Experienced and Compassionate Team: Our attorneys have years of experience handling personal injury cases in Norfolk and are deeply committed to achieving justice for our clients. We approach each case with empathy and dedication, understanding the emotional toll that these situations can take.
- Proven Track Record: The Wolf Pack® has a history of successful outcomes in wrongful death cases, securing substantial settlements and verdicts for our clients.
- Personalized Attention: We treat each case with the individualized attention it deserves. Our team takes the time to get to know you, understand your unique circumstances, and tailor our legal approach to meet your specific needs.
- Aggressive Advocacy: We are not afraid to take on powerful insurance companies or corporations. Our attorneys are known for their tenacity in pursuing justice and will fight tirelessly to hold the responsible parties accountable.
- No Upfront Costs: We believe that everyone deserves access to quality legal representation, regardless of their financial situation. That’s why we work on a contingency fee basis—meaning you don’t pay unless we win your case.
When you choose The Wolf Pack®, you’re not just hiring a law firm—you’re gaining a dedicated partner in your pursuit of justice. If you’ve lost a loved one in a wrongful death, let us stand by your side during this challenging time. Contact us today for a free case review from a Norfolk wrongful death lawyer.
Frequently Asked Questions
In Virginia, a wrongful death claim is typically filed by the personal representative of the deceased’s estate. Eligible beneficiaries may include the surviving spouse, children, parents, or other dependent family members.
To win a wrongful death case, it must be proven that the defendant’s negligent, reckless, or intentional actions directly caused the death, and that the deceased would have been entitled to file a personal injury claim if they had survived.
Virginia follows a contributory negligence rule, meaning that if the deceased is found to be even partially at fault for their death, it could bar recovery in a wrongful death claim.
The value of a wrongful death case is determined by factors such as the deceased’s age, earning potential, life expectancy, the financial and emotional impact on the survivors, and the circumstances of the death.
No, only one wrongful death claim can be filed on behalf of the deceased’s estate. The personal representative files the claim, and any compensation awarded is distributed among the eligible beneficiaries.
The timeline for resolving a wrongful death case can vary widely, depending on factors such as the complexity of the case, the willingness of the parties to settle, and whether the case goes to trial. It can take several months to a few years.
Yes, a wrongful death claim can still be filed even if the deceased didn’t leave a will. The court will appoint a personal representative to manage the claim on behalf of the estate and beneficiaries.
NORFOLK, VA
223 E City Hall Ave. Suite 316
Norfolk, VA 23510
Phone: (615) 551-3923
Email: info@wolfpacklawyers.com