The unexpected loss of a loved one is deeply traumatic and painful. As you begin to grieve the loss of your family member, you may be uncertain about how to proceed or if you should hire a Charlottesville wrongful death lawyer.
However, their ability to advocate for you, handle logistics, establish liability, and negotiate settlements are four reasons why you need a wrongful death lawyer after losing a loved one.
A Wrongful Death Lawyer Provides Advocacy and Support During a Challenging Time
When your loved one has passed away suddenly due to another party’s negligent actions, life becomes a painful blur that makes it difficult to focus on anything but your grief. This is one of the reasons why you need a wrongful death lawyer. They understand the depth of the loss you are facing and provide compassionate support during this difficult time. They are also an invaluable ally for you and your family.
Hiring a lawyer allows you to pursue the justice your loved one deserves, while also giving you the space you need to mourn their loss. A wrongful death lawyer is a skilled communicator who can act as an intermediary and advocate on your behalf so your rights are protected and you are not treated unfairly. They can speak with insurance companies and opposing parties, so you do not have to do it yourself.
Your lawyer knows how painful this time is for you, and they strive to simplify the legal process so it does not cause you additional pain. They will help you get answers and find the closure you need so you can begin to heal from the tragic loss you have suffered. They ensure that you do not have to walk this path alone.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
A Wrongful Death Lawyer Can Handle Case Logistics, Investigations, and Gather Evidence on Your Behalf
Handling logistics and navigating legal requirements can be overwhelming when you are grieving. However, when you hire a wrongful death lawyer, you have someone who can handle these aspects for you. They will handle logistics like drafting and filing a wrongful death lawsuit, communicating with additional parties, and handling scheduling, fees, and other logistics.
A wrongful death lawyer will also investigate the cause of your loved one’s death to determine what factors were involved and who was at fault. At times, this may be straightforward if, for example, a drunk driver runs a red light and causes a T-bone accident. Other times, such as in truck accidents, the cause may be much more complex and involve many other potentially liable parties.
To get to the bottom of the cause of the accident and ensure you have a strong case, your lawyer can gather evidence on your behalf. They will first review any evidence you already have, and then pursue additional proof that you may not have access to yourself. Surveillance footage, reconstructionists and experts, black box data, and more can be accessed by your lawyer on your behalf.
A Wrongful Death Lawyer Can Establish the At-Fault Party’s Liability
Establishing the other party’s liability is a key element in resolving a wrongful death case. This means that the legal requirements associated with demonstrating negligence must be thoroughly satisfied for a favorable case outcome. A wrongful death lawyer has extensive experience building cases that fulfill each of the four elements that make up the standard of negligence, which include the following:
- Breach of duty: The at-fault party had an obligation to be cautious and safe so as to avoid causing harm to your loved one.
- Duty of care: The at-fault party either engaged in negligent actions or failed to take necessary action and violated their obligations as a result.
- Causation: The at-fault party’s actions led to the catastrophic accident that resulted in your loved one’s death.
- Damages: The at-fault party must compensate you as one of the decedent’s surviving family members. Punitive damages may also be required in some situations.
This process requires sufficient evidence and communication skills, which are most effectively handled by an attorney. They know what evidence and information to look for when building your case, as well as how to tailor it to your specific circumstances. A wrongful death lawyer will also ensure that your claim is started and resolved within the two-year statute of limitations provided by Virginia Code § 8.01-244. In addition, a wrongful death lawyer can make sure you satisfy any notice periods that may apply to the claim.
A Wrongful Death Lawyer is Skilled at Negotiating and Securing Compensation
The purpose of filing a wrongful death claim on behalf of the deceased is to recover the losses they would have been entitled to receive if they had lived. Recovered compensation is primarily for the benefit of the decedent’s spouse or child, but may be extended to other family members as applicable according to Virginia Code § 8.01-53. Common damages in Virginia wrongful death actions include:
- End-of-life medical care, hospital expenses, and treatments
- Funeral and burial expenses
- Loss of income and employment benefits from the decedent
- Loss of service, care, and protection provided by the decedent
- Loss of inheritance
- Pain and suffering
- Emotional and mental anguish
- Loss of companionship
Negotiating a fair settlement is critical for your future well-being, and is why you need to hire a wrongful death lawyer. They help you secure a much higher amount of compensation and protect you from insurance companies and opposing counsel who would seek to place blame and pay less than what you deserve. Your lawyer will fight for you and will even go to court if necessary to ensure a fair outcome.
Hire MartinWren, P.C. to Represent You Today
MartinWren, P.C., has decades of experience providing our clients with compassionate care and aggressive representation. While nothing can replace the life of your loved one, we strive to ease the financial burden you face because of their loss.
Our team is equipped to handle your case and get results no matter how complex. Contact us today to schedule a free consultation and talk with our team.
Call (434) 817-3100 or complete a Case Evaluation form
