If your loved one was killed because of someone else’s carelessness or wrongdoing, you may want to consult with a Charlottesville VA wrongful death lawyer from MartinWren, P.C. We may help you bring a lawsuit against the person who caused your family member’s death. Our lawyers are willing to trial and fight hard to protect their clients’ rights.
What Is “Wrongful Death”?
Wrongful death refers to an incident where a person’s death is caused by another person’s negligence or wrongdoing. This can happen from a number of circumstances, such as a car accident, medical malpractice, or criminal behavior. The victim’s surviving family members then have the right to bring a lawsuit against the defendant with the assistance of a wrongful death lawyer in Charlottesville VA.
How Do You Prove Wrongful Death?
In order to win a wrongful death lawsuit, your Charlottesville VA wrongful death lawyer must prove the following elements existed:
- Duty of Care: The person who caused your family member’s death must have owed him or her a duty of care. For example, if your loved one was killed in a car accident, the liable party had a responsibility to drive safely and obey the rules of the road.
- Breach of Duty of Care: In a wrongful death case, you also have to prove that the defendant breached the duty of care he or she owed to your deceased family member. Failing to drive carefully may be a breach of duty of care.
- Causation: The last part in proving a wrongful death claim is showing that the breach of duty of care was a direct cause of death. If the defendant was speeding and this directly caused a fatal accident, this may justify a wrongful death case. If the accident wasn’t directly caused by the other driver’s speed, the driver likely wouldn’t be held liable.
What Are the Benefits of Hiring a Charlottesville Wrongful Death Lawyer?
If you plan to pursue a wrongful death lawsuit, it may be in your best interest to hire legal representation. Here are a couple of benefits of hiring a Charlottesville VA wrongful death lawyer:
- Handle Communication With Insurance Company: After you file a wrongful death claim, an insurance adjuster may want to talk to you about your case. Unfortunately, some insurance adjusters are known for offering low settlement amounts to save money for their company. A lawyer may advocate for you in this circumstance.
- Meet Deadlines: There are a few deadlines in wrongful death lawsuits and it is very important to meet them. A Charlottesville VA wrongful death lawyer may help you meet these deadlines so that you do not miss out on obtaining compensation.
No amount of money can possibly make up for the loss of a human life — at MartinWren, P.C., we understand this. We also know, however, that a wrongful death civil suit may help families cope with the loss of a loved one and gain peace of mind.
For more information about wrongful death lawsuits, or to schedule a free consultation with a Charlottesville VA wrongful death lawyer, contact MartinWren, P.C. at 434-817-3100.