Losing someone you love is always devastating. But when that loss is preventable and it happens because of another person’s actions, you experience a heartbreak no family should ever have to go through. If you’re in need of a Bridgewater wrongful death lawyer, our team is here to guide you through every step with compassion and care.
We handle hundreds of cases annually and have built a strong reputation for zealous client advocacy for over 15 years. Contact your Bridgewater personal injury lawyer from MartinWren, P.C., today to set up a confidential consultation and find out how we can help you honor your loved one’s memory through legal action.
Types of Damages Recoverable in a Virginia Wrongful Death Claim
Virginia law gives you a way to seek justice if you lost someone you love because of someone else’s mistakes. Certain types of damages are available to help cover what you and your family are going through financially and emotionally. Some of the damages you may be able to pursue include:
- Funeral and burial expenses
- Medical expenses incurred before death
- Loss of income and financial support
- Loss of companionship and guidance
- Emotional pain and mental anguish of the surviving family
- Loss of services, protection, care, and assistance
- Punitive damages in cases of willful or reckless behavior
- Loss of benefits like insurance or retirement income
Wrongful death claims are about making sure the long-term emotional and financial impact on your family is recognized. When discussing damages in Virginia wrongful death actions, we look at everything your family has lost, not just the obvious expenses. Our firm fights to recover full and fair compensation that reflects what your loved one meant to your life and future.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
How Virginia Law Impacts Wrongful Death Claims in Bridgewater
Wrongful death claims in Virginia come with strict rules about who can file, how long you have, and what steps need to be taken. The law is very specific, and missing a deadline could mean losing your right to bring a claim altogether. That is why Virginia Code § 8.01-244 sets a clear two-year statute of limitations for wrongful death cases. Certain claims have even shorter notice requirements that must be met or else the right to recover is forever lost.
Who Has the Right to File a Wrongful Death Claim
Virginia Code § 8.01-53 describes exactly who has the right to file a wrongful death claim after a loved one passes away. Priority is given first to the surviving spouse, children, or grandchildren. If there is no spouse or direct descendant, the right to file may move to surviving parents, siblings, or any other family members who were financially dependent on the deceased.
Court Approval for Settlements in Wrongful Death Cases
In Virginia, the court must approve wrongful death settlements before they become final. Even if everyone involved agrees to the terms, a judge must ensure the settlement is fair and protects the rights of all surviving family members, including any minors who might be affected.
Your Bridgewater wrongful death attorney with MartinWren, P.C., can guide you through this court approval process with care and attention. We help prepare the necessary paperwork, explain the settlement terms to the court, and advocate for a smooth outcome so your family can begin to focus on healing.
How Contributory Negligence May Affect Recovery
Virginia follows a very strict rule known as contributory negligence, as confirmed in Rascher v. Friend. If the person who passed away is found to have contributed in any way to the accident that caused their death, even just a little, it can completely bar the family from recovering damages. This rule can make wrongful death claims more challenging than many people realize.
What Defines a Wrongful Death Claim in Virginia
A wrongful death claim in Virginia happens when someone’s careless or wrongful actions cause the loss of another person’s life. It is not just about what happened, but about showing how it could have been prevented if reasonable care had been used. The Virginia Code § 8.01-50 explains what legally qualifies as a wrongful death claim and who may be eligible to bring it.
Key Elements That Must Be Proven
To succeed with a wrongful death claim, you need to show that the responsible party was negligent and that their negligence was a legal cause of your loved one’s death. This means proving that they had a duty to act carefully, that they breached that duty, and that their actions or failures directly led to the fatal outcome. Without these elements, it becomes much harder to hold someone legally accountable.
Common Causes of Wrongful Death Actions
Wrongful death claims can arise from many different situations. Some of the most common causes include fatal car accidents, medical malpractice, unsafe property conditions, defective products, and workplace incidents. Anytime someone’s carelessness leads to the loss of a life, a wrongful death claim may be possible.
When you are filing a wrongful death lawsuit, the details of how the accident happened are of great significance. Different types of cases have different rules, deadlines, and challenges. Our firm helps you sort through those details so you can focus on your family and healing without worrying about the legal side.
Special Challenges When a Child Is the Victim
When a child’s life is lost because of someone else’s negligence, the grief involved can be overwhelming. Families dealing with the challenges of a child’s wrongful death claim often face even deeper emotional pain, along with legal issues that are different from cases involving adults.
Courts look at different factors when awarding damages in cases involving a child, including the child’s expected life contributions, care needs, and the impact of the loss on the family. We approach these cases with special care and compassion to honor the memory of the deceased child and advocate for the family’s future.
Consult a Wrongful Death Lawyer in Bridgewater About Your Family’s Legal Rights
A wrongful death attorney in Bridgewater from MartinWren, P.C., will walk beside your family every step, handling your case with the care and commitment it deserves. We are proud to help families throughout Virginia find answers, demand accountability, and start rebuilding after their loss. Contact us today to schedule your confidential consultation and let us help you take the first step forward.
Call (434) 817-3100 or complete a Case Evaluation form
