Questions to ask your Charlottesville wrongful death lawyer include whether you have a case, how long you have to file, what evidence you need, and more.
Family members facing the sudden loss of a loved one due to the negligence of another party need a legal advocate to guide them through the process of filing a claim and recovering damages.
This is likely not what you are thinking about right now, but getting help can prove critical. One of the most important first steps to take is to meet with an attorney.
1. Do I Have a Wrongful Death Case?
A wrongful death claim may be applicable if the decedent lost their life due to the negligence of another person, company, city, or entity.
To prove negligence, you must demonstrate that the other party owed your loved one a duty of care, violated that duty in some way, and caused an accident that led to their death.
Examples of potential wrongful death accidents include:
- Fatal car accidents
- Fatal falls from heights
- Nursing home abuse deaths
- Motorcycle accidents
- Pedestrian accidents
- Premises negligence
In every situation, your wrongful death attorney will look at all factors contributing to the death and seek evidence to substantiate claims.
Your wrongful death lawyer will be able to tell you during a consultation if they believe you have a case and what it might take to prove the incident was wrongful death.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
2. What Is My Wrongful Death Case Worth?
The value of a wrongful death claim depends on multiple factors, including the type of accident, the level of trauma and pain suffered, and even your loved one’s age and health prior to the incident.
Your wrongful death attorney will analyze factors like the following to determine what type of compensation you can receive, in both economic and non-economic losses.
- Medical costs from the incident up until the death
- Loss of income prior to death
- Financial loss associated with expected earnings contributions to your home
- Pain and suffering
- Funeral and burial costs
- Emotional trauma for you and your family
- Loss of companionship
- Loss of consortium
A comprehensive overview during a consultation provides insight into the potential value of your wrongful death claim. Many of these cases are worth millions of dollars, but the burden of proving them is on the surviving family.
For that reason, it is wise to speak to an attorney about the specifics in your case. Talk to a Charlottesville personal injury lawyer today.
3. How Long Do I Have to File a Wrongful Death Accident Claim?
The statute of limitations (§ 8.01-244) for a wrongful death is two years in Virginia. This means that the family has two years from the date of a person’s death to file a lawsuit against the at-fault party. Failing to act within that time typically means you cannot recover damages.
There are limitations and exceptions to this rule. In some situations, the time can be shorter, especially if a government entity is the at-fault party. In situations where the family discovers negligence after this initial period, there may be additional time awarded to you.
Two years can seem like a very long time, but it is not. In most cases, there is significant work to do. Most importantly, the evidence critical to your case may be lost if you do not act in time. If you suspect your loved one’s death resulted from negligence, contact our wrongful death lawyer to get answers.
4. What Evidence Do I Need to Prove Wrongful Death?
Proving negligence differs for each situation. In most cases, the full burden of proof is on you, the victim’s family, to demonstrate. Your wrongful death lawyer will evaluate every facet of the case to find evidence to support your claims.
Some of the most helpful evidence to prove wrongful death includes the following:
- Medical documentation of the cause of death. Accident reports, medical reports, and autopsy records can help to demonstrate this.
- Photos and videos of what happened, such as from dashcams, traffic cameras, or other sources.
- Witness statements that demonstrate what occurred and how it happened
- Expert testimony that outlines what took place and why it happened based on the evidence available.
- Medical records of the at-fault party are to demonstrate physical fitness to operate a vehicle and blood alcohol concentration.
- Police and accident reports that label one party at fault.
- Accident reconstruction data that shows what occurred to cause the resulting accident and losses.
Your wrongful death attorney will have numerous ideas for where to get this type of evidence, including seeking out third parties, using a network of resources, and tapping into their experience. The process involves research and development long before a claim can occur.
5. What If My Loved One Was Partially At Fault for the Accident?
In situations where your loved one had any level of fault in the case, let our legal team guide you in minimizing that fault. By finding any evidence that can justify eliminating fault, we can protect your right to fair compensation.
Under Virginia law, a state that follows a very strict contributory negligence rule, if your loved one is even 1% at fault for the accident, you cannot seek compensation for their losses.
That is why it is critical that you take every step possible to protect their innocence throughout this process. Our legal team will assist you in finding evidence available to disprove any claims of fault.
If the police or another entity claims the decedent was at fault, it is still worth setting up a free consultation with our legal team. We can then review your case and start working to demonstrate that they should not have any fault noted. Expect our legal team to be aggressive in fighting for fair treatment in these difficult cases.
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Contact a Wrongful Death Attorney Now
At MartinWren, P.C., we know this is a very challenging time for you, but we also recognize the critical need for answers.
Set up a consultation with a Charlottesville wrongful death lawyer to discuss your case and learn more about what your legal options are.
Call (434) 817-3100 or complete a Case Evaluation form