What are five things to do after a wrongful death in Virginia? First, seek emotional support as you cope with your tragic loss.
If you feel ready to do so, obtain legal authority as the personal representative of a deceased person’s estate, collect proof, hire a Charlottesville wrongful death lawyer, and file your wrongful death claim. Below are details about each of these things to do.
Take Care of Yourself and Your Family in the Aftermath of Your Loss
In terms of the first thing to do after a wrongful death in Virginia, prioritize yourself and your family. Losing a loved one is emotionally devastating. Give your loss the attention it deserves. Consider therapy and support groups if you feel these can benefit you as you mourn your loss.
How you cope with your tragedy can have far-reaching effects on you and your family. Ultimately, you have no control over your loss. However, you decide how you respond to it. Caring for yourself and your family at this time can make a difference. It may lead you to evaluate your legal options and hold the liable party accountable for their actions.
At MartinWren, P.C., we empathize with the families who have lost a loved one due to someone else‘s negligence. Our team has provided legal services and support to thousands of clients. If you want to learn more about filing a wrongful death lawsuit, we’re here for you. Contact us today.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
Get Legal Authority to Serve as a Personal Representative for the Estate of the Decedent (Deceased Person)
A wrongful death is defined in accordance with the Code of Virginia § 8.01-50. Based on this, an individual who is a personal representative of a deceased individual is eligible to submit a wrongful death claim or lawsuit. Examples of personal representatives in wrongful death cases include:
- A decedent’s spouse, child, parent, or sibling
- The executor of a decedent’s will
- An administrator appointed by a circuit court
Talk with a wrongful death lawyer to find out how you can become a personal representative of a deceased person. Your attorney can determine if you’re eligible to serve as this representative and, if so, what to do to receive your Certificate of Qualification from the Clerk of the Circuit Court in the city or county where the decedent lived at the time of their death.
Gather Evidence to Support Your Wrongful Death Claim
A key thing to do following a Virginia wrongful death is to obtain evidence for your claim. Your proof can show that a liable party acted carelessly or recklessly and, as a result, caused your family member’s death. It can also highlight the economic and non-economic damages that you have incurred due to your tragedy.
Medical records, police or incident reports, witness statements, and other evidence can strengthen your case for damages. You can share your evidence with a liable party’s insurer, which may prompt the business to offer a fair settlement. Alternatively, if your case requires a trial, your evidence could compel a judge or jury to provide you with a favorable ruling.
When it comes to pursuing damages through a wrongful death action, get an experienced attorney on your side. Your lawyer may encourage you to ask for damages for burial and funeral expenses, pain and suffering, medical bills, and other losses associated with your loved one’s death. They can collect evidence that helps you show a court that your damages request is warranted.
Work with a Lawyer Who Will Handle Your Case with Care
Among the things to do after a Virginia wrongful death is to connect with an attorney who stands up for their clients. Your lawyer can provide insights into what a successful wrongful death lawsuit entails. They can let you know if they believe a wrongful death claim or lawsuit is warranted. Plus, they can help you establish realistic expectations for your case.
Initially, your attorney will learn about your family member’s death. They are compassionate and caring and communicate and collaborate with you throughout your case proceedings. As your lawyer pursues compensation for you, they keep you updated. If you ever have legal concerns or questions, your attorney can address them immediately.
Your lawyer wants you to care for yourself and your family while they focus on your legal matters. Meanwhile, they will commit substantial time, energy, and resources to achieve your desired wrongful death case results.
Submit Your Request for Compensation
The last thing to do after a loved one’s wrongful death in Virginia is to file your claim in alignment with Virginia law. Per the Code of Virginia § 8.01-244, you may have two years from the date of a person‘s death to submit a wrongful death claim. Beyond this period, you may lose the right to seek damages from any responsible parties.
Meeting with wrongful death lawyers may seem overwhelming at first. Yet, a wrongful death attorney prioritizes the legal rights and best interests of you and your family. They can describe how a claim or lawsuit works. If you decide to move forward with either of these options, your attorney will assist you at each stage of your case proceedings.
Your attorney may negotiate a wrongful death settlement with a liable party or their insurance company. If you get a settlement offer, you can review it with your lawyer before you decide on it. Some wrongful death cases go to trial. If your case goes to trial, your attorney will make sure that you know what can happen and can enter the courtroom feeling confident about your case.
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Find Out More About the Important Things to Do After a Wrongful Death in Virginia
At MartinWren, P.C., we know how challenging it can be to file a wrongful death claim or lawsuit. Our attorneys can give you insights into the five things that you should do following a Virginia wrongful death and other topics relating to your case.
As you consider your legal options, we encourage you to schedule a free consultation with us. Reach out to us for more information.
Call (434) 817-3100 or complete a Case Evaluation form
