It is devastating to lose a family member. If someone else is responsible for your family member’s death, seek justice and compensation from them. Partner with an empathetic and compassionate Blacksburg wrongful death lawyer. With your attorney’s help, you can take legal action against the liable party and hold them accountable for the harm they have caused.
MartinWren, P.C., has served thousands of Virginia clients, including in Blacksburg and surrounding communities. If you are considering a wrongful death claim or want to file one, we can help. Consult with a Blacksburg personal injury lawyer from our team to learn more.
Why You Need a Blacksburg Wrongful Death Lawyer
You have no idea what filing a wrongful death lawsuit entails. A Blacksburg wrongful death attorney simplifies the legal process. They learn about the tragic loss of your family member. Your attorney builds a case to prove that a liable party should have to provide you with compensation for losses associated with your loved one’s death.
In a wrongful death case, your attorney could negotiate a settlement with a liable party’s insurance company. Unfortunately, an insurer is likely to focus on its bottom line over the best interests of you and your family. The company could dispute your claim or offer a lowball settlement. If either of these things happens, your attorney may advise you to file a lawsuit.
The team at MartinWren, P.C. understands the challenges you will face in a wrongful death case. We provide FAQs and other legal resources to help you make informed decisions as your case moves forward. Schedule a free case consultation with us.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
Types of Blacksburg Wrongful Death Cases
A wrongful death lawyer in Blacksburg examines your case and explains your legal options. They will let you know if you have grounds for a wrongful death case and, if so, how much money you could get from any parties liable for your family member’s death. Reasons people file wrongful death claims include:
- Car accident
- Truck accident
- Motorcycle accident
- Medical malpractice
- Nursing home abuse
- Slip and fall
Per the Code of Virginia § 8.01-244, you have two years from the date of a wrongful death to submit a claim on behalf of the deceased person (decedent). If this window closes, you may be solely responsible for the losses associated with your family member’s death.
Compensation Available in a Wrongful Death Case
A wrongful death attorney in Blacksburg will encourage their clients to ask for economic and non-economic damages. They can share details about the average settlement for a wrongful death in Virginia and what it takes to get compensation that meets your expectations. The reasons plaintiffs in wrongful death lawsuits receive damages include:
- Medical bills
- Burial and funeral expenses
- Loss of income
- Loss of consortium
- Loss of companionship
The definition of a successful wrongful death lawsuit depends on the case. Suppose a judge or jury finds that a defendant was negligent. In that case, the decedent’s surviving family members may find solace in the fact that their voices were heard and that the liable party is being held accountable for their actions.
Blacksburg Wrongful Death Lawyer Near Me (434) 817-3100
How to Prove Negligence in a Wrongful Death Case
Your attorney can explain the rules regarding negligence in Virginia. In a wrongful death case, it is not enough to say someone caused your family member’s death. Your lawyer prepares an argument to prove negligence. As part of their efforts, they want to show that the following elements of negligence were present:
Duty of Care
Your attorney may highlight how the defendant has a legal obligation to avoid any acts that could have put your family member in danger. For instance, a motorist is expected to follow the rules of the road. Otherwise, if a driver violates their legal obligation, they could cause an accident in which other motorists or pedestrians are hurt or killed.
Breach of Duty of Care
In addition to speaking about a defendant’s duty of care, your lawyer may explain how this party violated their legal obligation. The defendant may breach their duty of care by doing something that most people would consider careless or reckless.
Causation
Your lawyer may discuss how the defendant violated their duty of care, which led to your family member’s death. They may use witness statements, accident scene photos, and other evidence to show that the defendant’s actions caused a fatality.
Damages
Ideally, a judge or jury sees that you are dealing with losses because the defendant breached their duty of care and caused your family member’s death. In this scenario, the court may award you compensation for your quantifiable and subjective losses.
Your lawyer knows how to deal with contributory negligence relative to your wrongful death case. Based on contributory negligence, you may be ineligible to get damages if your family member was in any way liable for their death.
Who Can File a Wrongful Death Claim
According to the Code of Virginia § 8.01-50, a personal representative of a decedent may submit a wrongful death claim. A will or the court may indicate who will serve as a personal representative and manage a decedent’s estate. The family members of a decedent who may be eligible to submit a wrongful death claim include:
- Spouse or domestic partner
- Child
- Sibling
- Grandparent
A personal injury attorney can describe the eligibility requirements for wrongful death claims. They can answer any questions you have about wrongful death cases. If you proceed with an insurance claim or lawsuit, your lawyer is on your side every step of the way. They advocate for you and position you to achieve your desired case results.
Click to contact personal injury lawyers today
Get Legal Help with a Wrongful Death Case
At MartinWren, P.C., we work tirelessly to help our clients get their lives back on track. We realize it is difficult to pursue damages as you mourn the loss of a family member.
Our wrongful death lawyer in Blacksburg gives your case our undivided attention and assists you with your legal matters in any way we can. Allow us to help you with your wrongful death case. Request a free consultation with us.
Call (434) 817-3100 or complete a Case Evaluation form
