Losing a loved one is always a painful experience. That horrible feeling of loss is made much worse if you suspect that the death was either unnecessary or premature. Wrongful death can be caused by any number of careless acts as simple and obvious as an auto accident to matters as complex as medical malpractice. If you suspect your loved one’s death was caused by a preventable error, then a consultation with an experienced wrongful death lawyer, can help you get justice and perhaps prevent the same mistake from causing another needless death.
WRONGFUL DEATH STATUTE OF LIMITATIONS
All wrongful death actions must be brought within the time limits set by each individual State. The wrongful death statute of limitations in Virginia is usually 2 years. Nevertheless that limitation may be different depending on various factors. It can also be lengthened at times in medical malpractice cases by how long it justifiably took to discover the negligence that caused the wrongful death. Because it is often a difficult legal question to know when the statute of limitations runs and how long it is in a particular case, is always a good idea to seek the advice of a skilled wrongful death attorney to determine whether or not your particular claim is barred by the statute of limitations.
WHO CAN BRING A WRONGFUL DEATH ACTION
For a legal consultation with a personal injury lawyer, call 434-817-3100
An action for wrongful death can only be filed by an heir of the decedent or someone appointed by Court to represent the interests of all of the heirs of the estate. It is important to note that only one action may be filed for the wrongful death of any individual. If another heir has already filed a lawsuit, but has not been appointed to represent all the heirs, then it is possible to intervene in the case already filed. Considerations of how to proceed in any situation requires a skilled wrongful death attorney who is familiar, not only with the liability issues, but with the probate issues arising out of the distribution, to the heirs, of any wrongful death verdict or settlement.
WHAT DAMAGES CAN BE RECOVERED
The surviving beneficiaries of the deceased party can be compensated for a number of things, including: loss of financial support, loss of companionship, medical expenses incurred before the death that were caused by the incident, grief, sorrow, funeral expenses and medical expenses. A full list of the damages available in a wrongful death suit in Virginia are set forth by statute and can be found at Va. Code sec. 8.01-52. An experienced wrongful death attorney will spend the time necessary to become familiar with the deceased. He will find out what was lost when he/she passed away. That may be markedly different for a spouse, child or parent. Effectively articulating the loss suffered by each individual heir will go a long way in getting the money damages each one deserves.
DISTRIBUTION OF A WRONGFUL DEATH VERDICT OR SETTLEMENT
Deciding who gets what from the proceeds of any wrongful death claim can require the Wisdom of Solomon. It is imperative to get an experienced wrongful death attorney to not only identify all those entitled to a share, but to eventually get that distribution ratified by a court with jurisdiction over the matter.
If you would like information on how to proceed following the wrongful death of a loved one, please contact us today to set up a free consultation with one of our wrongful death lawyers.
Call 434-817-3100 or complete a Case Evaluation form
