Filing A Wrongful Death Lawsuit

Losing a loved one in an accident caused by someone’s negligent or reckless behavior is traumatizing on a number of levels. Not only is there shock that will occur, but waves of grief and immense sorrow will follow.

On top of this, the experience can be incredibly confusing for surviving family members. While dealing with the initial shock and grief and processing of this new reality, family members will be forced to deal with the brutal realities that come along with a sudden and unexpected death. They will need to deal with police. They will need to make various arrangements with a mortuary or funeral home. They will need to address all of the unfinished and open business affairs of their loved one who passed.

Making matters even worse, the family members might have unanswered questions about what happened, why it happened, and whether the party that caused this disaster can be held accountable for what they did. These questions are especially needed and loud when the incident that caused their loved one’s death was due to negligence, recklessness, or even intentional conduct of someone else. Family members will also have these questions if the event that caused their loved one’s death was preventable and never should have happened in the first place.

In these cases, a wrongful death lawsuit can be filed against the individual or group who is responsible for the untimely death. Pursuing a wrongful death case can provide some needed answers to some of the difficult questions that surviving family members have. It can help the family get some closure regarding the circumstances that caused their loved one’s death. It can help relieve, reimburse, or compensate the financial burdens that will accompany their family member’s wrongful passing.

If your family is looking for answers and help after the wrongful death of one of your family members, we are so sorry for your loss. We unfortunately know your pain and we can help you through this excruciatingly difficult time.

There are some things you will need to know if you are thinking of hiring an attorney for your loved one’s death.

First and foremost, you will want to consider filing what is called a “wrongful death” case. Filing and arguing a wrongful death case can be very complicated and challenging. To begin with, there are some specific procedural rules that parties must follow to bring a wrongful death case. They will first need to have someone appointed as the personal representative of the estate in other to act on the behalf of their deceased loved one.

Though specific laws vary on a state by state basis regarding the elements of fighting a wrongful death case, Virginia law requires the surviving family or loved ones must usually show:

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 the deep grief, mental anguish, and other hands that always occur due to the traumatic and preventable death of a loved one.

Of course, no amount of money can ever replace a loved one. Any money received will never provide true closure for a family that has had to endure such an awful loss.

But it is equally true that a family should not have to bear a financial burden as a result of losing a family member. That is especially true if the lost loved one was the main breadwinner for the family. Or, that is also true if the family’s devastation from the loss of their loved one impacts their ability to work due to the overwhelming grief and mental anguish they face due to this tragedy.

For a legal consultation with a personal injury lawyer, call 434-817-3100

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. 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.

The wrongful death attorneys at MartinWren, P.C. are experienced, knowledgeable, and skilled at representing families who have lost loved ones due to the negligence of another party. We offered compassionate representation and we can help you through this tragedy.

Call us today for a free consultation.