Filing A Wrongful Death Lawsuit

May 5, 2017 in Uncategorized | MARTIN WREN, P.C. | LEAVE A COMMENT

Virginia Family Law Lawyers

Losing a loved one in an accident caused by someone’s negligent or reckless behavior can be a traumatizing and confusing experience. In these cases, a wrongful death lawsuit can be filed against the individual or group who is responsible for the untimely death, so as to relieve any financial burdens that accompanied their wrongful passing. Look to a personal injury attorney Atlanta GA trusts when considering a wrongful death case.

Filing and arguing a wrongful death case can be very complicated and challenging. Though specific laws vary on a state by state basis regarding the elements of fighting a wrongful death case, the surviving family or loved ones must usually show:

  1. The defendant was either completely or partially responsible for the death of the victim.
  2. The defendant acted carelessly or negligently when they caused the death.
  3. The victim has surviving family or beneficiaries.
  4. The victim’s death has caused the family or beneficiaries to suffer financial losses, which can be compensated.

States also differ on who can file a wrongful death lawsuit. Some states only allow spouses or children to file a wrongful death lawsuit, while other states extend this right to other relatives who may have been dependent on the victim, but it is important to note that dependence is a key factor of who can file.

Wrongful death lawsuits can apply to any kind of deadly accident including car accidents, medical malpractice, or product liability cases. Compensation in a wrongful death case can include both economic and non-economic damages. Economic damages include the financial obligations and contributions of the deceased, as well as any medical or funeral expenses which may have been involved in their death. Non-economic damages are the more personal losses that follow losing a loved one, such as pain and suffering.

Of course, no amount of money can ever replace a loved one. However, their loss should not also be a financial burden on those who cared for them. As the specifics of the law can be over whelming, especially while grieving for the loss of family, the best thing to do after losing a loved one in an accident is contact an experienced and skilled wrongful death attorney in your area and present your case to them. Your wrongful death attorney will look at the factors of your case and will hold the negligent person responsible for your loved one’s death, and will ensure that you are compensated as much as possible for your irreplaceable loss.

Thanks to our friends and contributors from Andrew R. Lynch, P.C. for their insights on wrongful death law.

Contact Our Virginia Lawyers

We serve clients throughout Virginia — from Charlottesville and Central Virginia to metropolitan Richmond; Harrisonburg and the Shenandoah Valley to Roanoke; and the cities of Hampton Roads to the Northern Virginia cities of  Fairfax, Alexandria and Arlington.

To speak with one of our attorneys, please call us at (434) 817-3100.

Our Virginia personal injury lawyers at MartinWren, P.C. have a statewide practice and offer free consultations at a time and location that is convenient for you.  We will gladly meet with you at your home or at the hospital, even on nights and weekends.


Disclaimer: Using this contact form or any page of MartinWren, P.C.’s website does not establish an attorney-client relationship.  Please do not submit any confidential, privileged, or other protected information until and unless you have completed a private consultation with a MartinWren, P.C. attorney, the attorney has informed you that no conflict of interest exists, and the attorney notifies you that the firm can take your case. By completing this form you agree that we can follow up with you by phone, email, or by text messaging.

    *Please enter your initials to acknowledge that you have read and understood the Disclaimer above:

    To schedule a free consultation with a personal injury lawyer, please call us at (434) 817-3100.

    latest firm news