If your loved one dies because of another person’s negligent or reckless behavior, not only are you forced to go through a grieving process unexpectedly, but you also may have to struggle with the decision to file a wrongful death lawsuit. If you know that your family member died through no fault of your own, you likely have a sufficient claim to file this lawsuit, but starting this process can quickly become complicated.
While this claim can add even more stress to your plate, each Charlottesville, Virginia wrongful death attorney at MartinWren, P.C. can help you so that you do not have to become overwhelmed by the legal steps to take. Instead, trust that we can help determine if you are eligible to make this claim and proceed in the way that’s best for you and your family.
How Do I Know If I Have a Claim for a Wrongful Death Lawsuit?
A Charlottesville VA wrongful death attorney can determine if the circumstances of your case warrant a wrongful death lawsuit. If your loved one was in a situation where they would have passed away regardless of the defendant’s actions, you might not have a substantial case moving forward. On the other hand, if your loved one died through the direct actions—either negligent or deliberate—of the defendant and they would not have died without being in that situation, you probably have substantial grounds for filing a lawsuit.
When filing this lawsuit, we must have two things in place:
- The defendant caused the deceased’s death in some way and it was not the result of the deceased’s doing.
- The surviving family members depended on the deceased in some way and have suffered measurable loss and damages after their loved one has passed.
Thus, many wrongful death lawsuits typically involve a type of work-related accident, an automobile accident, or a criminal act.
How Do I Know If I Can File a Wrongful Death Lawsuit?
There are typically a few people who can file this lawsuit in every state. These are:
Depending on which state you live in, grandparents, siblings, and other extended family members can even file this suit. A wrongful death attorney in Charlottesville VA can determine who is your family can file a lawsuit for the death of your loved one.
What Types of Damages Can We Expect?
The family members of the deceased can usually collect several types of damages in a wrongful death lawsuit. This includes:
- Expenses relating to the funeral or burial
- Medical bills
- Compensation for the deceased’s lost earning if the deceased had lived to their normal life expectancy
- Compensatory damages involving pain and suffering and non-economic damages that can be hard to quantify
A Wrongful Death Lawyer from MartinWren, P.C. Can Help with Your Suit
Filing any type of lawsuit can be complex. However, it can seem almost impossible when you are still coping with the loss of your loved one. When you need a trusted attorney who will look out for your family’s best interests and make the right decision for your wrongful death lawsuit, you can count on a Charlottesville VA wrongful death attorney at MartinWren, P.C. Schedule your free consultation with us today.