Sadly, you lose a loved one in a fatal accident. This loss is devastating for you and your family. In the aftermath of this tragic incident, talk with a Fairfax wrongful death lawyer. This is an opportunity to ask an empathetic and compassionate attorney to review your case and, if warranted, have them pursue compensation from anyone liable for your loss.
MartinWren, P.C., has years of experience with wrongful death cases. Our team has recovered millions of dollars in compensation for our clients. We will work tirelessly to help you and your family figure out which legal option will work well for you as you cope with your loved one’s loss. To learn more, consult with a Fairfax personal injury lawyer from our team.
Why Now is the Time to Think About Filing a Fairfax Wrongful Death Claim
Going through a wrongful death claim can be emotionally taxing for you and your family. Fortunately, you don’t have to proceed with a claim alone. Your Fairfax wrongful death attorney will guide you through the claims process. They can help you get justice and compensatory damages from anyone who harmed your loved one.
Your lawyer can discuss the process of filing a wrongful death lawsuit and other case topics with you. They will handle your legal matters as you and your loved ones focus on self-care. Your attorney can keep you updated about any settlement offers. If necessary, your lawyer can bring your case to trial.
The team at MartinWren, P.C., knows what a successful wrongful death lawsuit entails. We can examine your wrongful death case and help you figure out if you have grounds for submitting a claim or lawsuit on behalf of your late family member. For more information, schedule a free case consultation with us.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
Who Can File a Wrongful Death Claim
The Code of Virginia § 8.01-50 defines a wrongful death and who is eligible to submit a claim or lawsuit following a person’s death. In Virginia, the personal representative of the estate of a deceased person (decedent) may seek compensation damages relating to this individual’s death.
A personal representative may be a decedent’s surviving spouse, parent, child, sibling, or grandchild. If a decedent didn’t name a personal representative in their will, a court may appoint an administrator of this individual’s estate. At this time, the administrator can serve as a personal representative in a wrongful death claim or lawsuit.
Your wrongful death lawyer in Fairfax can give you information about the eligibility requirements for pursuing compensatory damages after a loved one’s death. They will let you know if you can file a wrongful death suit for medical malpractice or any other reason. If you want to file a claim or lawsuit, your lawyer can submit your request based on Virginia law.
How Much Time You Have to File a Wrongful Death Claim
According to the Code of Virginia § 8.01-244, you may have two years from the date of a person’s death to file a wrongful death claim. This time frame may not be extended. If you miss it, you may be ineligible to request compensation from anyone at fault for your loved one’s death.
If you’re unsure about filing a claim, meet with an attorney who has helped clients in wrongful death cases get outstanding verdicts and settlements. Your lawyer may advise you to submit your claim promptly. Once your claim is filed, your lawyer will represent you for the duration of your case.
Your lawyer may get a settlement offer relating to your wrongful death claim. If this happens, you can review the proposal with your lawyer. You don’t have to accept an offer if it falls short of what you want. If no settlement agreement is reached, your lawyer can take your case in front of a judge or jury.
Fairfax Wrongful Death Lawyer Near Me (434) 817-3100
Compensation That You Can Get in a Wrongful Death Case
Your attorney will encourage you to request economic and non-economic damages. They can calculate the losses that you and your family face due to your loved one’s death. Your lawyer may advise you to pursue compensation for various quantifiable and subjective losses, such as:
- Medical bills
- Burial and funeral expenses
- Lost wages
- Loss of companionship
- Loss of consortium
- Pain and suffering
Your lawyer can use photos from the scene of your loved one’s fatal accident, medical records, witness statements, and other evidence to bolster their argument. If your lawyer has a wide range of evidence, they may be well-equipped to prove negligence.
How Negligence Can Determine the Outcome of a Wrongful Death Case
A judge or jury will consider negligence carefully when deciding whether to award damages in wrongful death cases. Your lawyer will account for negligence as they prepare their argument. They may focus their argument on these elements of negligence:
- Duty of Care: This is a legal requirement that someone has to avoid acts of recklessness or carelessness.
- Breach of Duty of Care: When someone commits an act that puts others in danger, they are violating their duty of care.
- Causation: Your lawyer wants a judge or jury to see that because someone breached their duty of care, they caused your family member’s fatal accident.
- Damages: Your attorney can highlight how your loved one’s death is putting you and your loved ones in a bind financially.
Due to contributory negligence, you may be ineligible to get damages if your loved one was in any way at fault for their fatal accident. Your lawyer will work hard to show that your case is legitimate. As part of your attorney’s efforts, they will argue why someone is fully liable for your loved one’s death and, as a result, should have to compensate you for your losses.
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Our Fairfax Wrongful Death Lawyers Are Tenacious Advocates for Our Clients
The lawyers at MartinWren, P.C. want to help those who’ve lost a loved one due to someone else’s actions in any way we can.
We encourage you to speak with a wrongful death attorney in Fairfax from our team. This allows you to examine your legal options and make an informed decision on what to do from here. Contact us today.
Call (434) 817-3100 or complete a Case Evaluation form
