Compassionate And Tenacious Representation In Midlothian Wrongful Death Cases
Losing a loved one is heart-wrenching. When that loss is due to someone else’s negligence, it feels even more tragic. In these cases, surviving family members face not only emotional turmoil but also significant financial burdens. A legal claim for wrongful death can help ease this suffering by providing compensation that your loved one would have wanted you to have.
At The Law Office of Maury & Krol, PLLC, we provide compassionate and tenacious wrongful death representation for clients throughout Midlothian and the greater Richmond area. We are tenacious trial lawyers known for being honest, aggressive and compassionate. Our client-driven approach has led to over $20 million in awards for our clients. We are committed to helping you through this difficult time with dedication and integrity.
What Exactly Is A Wrongful Death Claim?
A wrongful death claim arises when an individual’s death is caused by the negligence or wrongful actions of another person or organization. The wrongful death claim aims to provide compensation for the surviving family members for their loss.
The elements of a wrongful death claim in Virginia include establishing the duty of care, a breach of that duty, causation and damages. Our role as personal injury lawyers is to gather the necessary evidence on each of these elements to build a strong wrongful death case.
Examples Of Wrongful Death Cases
Wrongful death cases arise from various unfortunate circumstances where negligence or misconduct leads to the loss of life. Here are some common examples:
- Motor vehicle collisions, including car, motorcycle, bicycle and truck crashes
- Medical malpractice, such as surgical errors or misdiagnosis
- Workplace accidents or unsafe working conditions
- Defective products causing fatal injuries
- Criminal acts like assault or homicide
- Dangerous property conditions (premises liability) such as slip-and-fall accidents
As experienced wrongful death lawyers, we handle all these types of claims and more.
Who Can File A Wrongful Death Claim, And How?
In Virginia, the path to filing a wrongful death claim begins in probate court, with the appointment of an estate executor or administrator. This individual plays a central role in managing the deceased person’s affairs. They are also responsible for initiating the wrongful death lawsuit on behalf of the estate. Virginia law specifies that relatives who qualify as estate beneficiaries – such as spouses, children and sometimes parents – are eligible to receive compensation from the wrongful death claim.
The probate process starts with submitting a petition to the probate court in the jurisdiction where the deceased resided. This petition requests the court to officially appoint an executor if one was not named in the deceased’s will, or to validate the named executor. If there is no will, the court will appoint an administrator, usually a close family member, to handle the estate. Once appointed, the executor or administrator gains the legal authority to act on behalf of the estate, including filing a wrongful death claim.
As skilled wrongful death lawyers and probate attorneys, we guide families through this probate process with care and precision. We file all necessary legal documents and facilitate a smooth transition to filing the wrongful death lawsuit.
Damages In Wrongful Death Lawsuits
In a wrongful death lawsuit, the surviving family members may be entitled to multiple types of damages to compensate for their loss. These damages are intended to address both economic and noneconomic impacts of the wrongful death. Here are some categories of damages that can be claimed:
- Medical expenses that their loved one incurred before death
- Funeral and burial expenses
- Loss of the deceased’s earnings and benefits
- Loss of companionship, care and guidance
- Pain and suffering endured by the deceased prior to death
- Loss of services and support provided by the deceased
Additionally, punitive damages may be available in cases involving extreme wrongdoing, such as fatal drunk driving accidents.
Legal Deadline For Wrongful Death Claims In Virginia
The statute of limitations (legal deadline) for wrongful death claims in Virginia is generally two years from the date of your loved one’s death. If you miss this deadline, you will lose the right to file a claim, regardless of its merits. That’s why it’s important to act promptly and consult with a qualified wrongful death attorney to file a claim within this timeframe.
Get The Support And Guidance You Deserve | Free Consultations
Losing a loved one is a painful experience, and seeking justice can be complex. You shouldn’t have to handle the legal process alone. We can provide the compassionate and effective legal support you need. We offer free consultations to discuss your case and explore your options. Contact us today at 804-529-3647 to schedule your consultation and take the first step toward healing and recovery.