When a family member is killed due to someone else’s actions, you and your family are devastated by your loss and blindsided by the financial toll it’s taken on your life. Talk with a Fishersville wrongful death lawyer to gain insights into your legal options for pursuing damages.
Your attorney can explain how you may be able to file a claim in which you can seek justice and compensation from the party liable for your loved one’s death. At MartinWren, P.C., we have handled thousands of cases. Our team knows what it takes to secure money as part of a wrongful death claim.
To learn more, schedule a free case consultation with a Fishersville personal injury lawyer from our team.
Why You Should Meet with a Wrongful Death Lawyer in Fishersville
A Fishersville wrongful death attorney is compassionate and caring. They want you to look out for yourself and your family as you mourn the loss of your loved one. In an initial consultation, your lawyer discusses your legal options. They can share FAQs and other legal resources to help you understand what they can do to assist you in recovering damages.
If you decide to take legal action against a liable party, your lawyer will support you at each stage of your case proceedings. They can find responsible parties to maximize potential compensation. They can negotiate a settlement with an at-fault party or their insurance company. If you do not receive a fair settlement offer, your lawyer may advise you to file a wrongful death lawsuit.
At MartinWren, P.C., we advocate for you and protect your legal rights and best interests. Our team can help you decide if now is the right time to submit a wrongful death claim. Trust us to assist you with your legal matters. Contact us for more information.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
How Much Time You Have to File a Fishersville Wrongful Death Claim
Per the Code of Virginia § 8.01-244, you may file a claim within two years of a person’s death. A wrongful death lawyer in Fishersville can evaluate your case. They can determine if you are eligible to submit a claim and, if so, file one promptly. If you wait too long, you may miss your opportunity to request compensation from parties liable for your family member’s death.
You may file a wrongful death claim if you are a personal representative of a deceased person (decedent). This representative may be an executor named in a will or an administrator appointed by the court. Alternatively, it may be a surviving spouse, child, parent, or sibling of a deceased individual.
Who you choose to represent you in your wrongful death case is key. Select an attorney who has relevant case experience. Your lawyer will let you know if you have to appear in court if you file a wrongful death lawsuit. They will put you in a position to recover damages that match your expectations.
Compensation You Can Get in a Wrongful Death Case
Your wrongful death attorney in Fishersville teaches you about the compensation available in your case. They describe the damages in Virginia wrongful death actions and the steps to take to obtain compensation for your losses. Reasons you could get compensation include:
- Medical bills
- Pain and suffering
- Loss of companionship
- Loss of consortium
- Loss of income
- Burial and funeral expenses
How much money you can receive depends on your quantifiable and subjective losses. Your lawyer calculates your losses. They prepare an argument designed to prove that a liable party was negligent and, as such, should have to compensate you.
Fishersville Wrongful Death Lawyer Near Me (434) 817-3100
How to Prove Negligence in a Wrongful Death Case
It can be emotionally taxing to get ready to bring a wrongful death case to trial. Your lawyer provides emotional support as you go through the legal process. They want to make it clear that your late family member was in no way responsible for their death. Your attorney will argue that the following elements of negligence were present at the time of their death:
Duty of Care
A duty of care refers to a legal obligation that one party has to another. The duty relates to acting in a manner that most people would consider safe and cautious. For instance, you expect a motorist to comply with the rules of the road. This driver has a duty of care to other motorists and pedestrians, and they follow it by following state and federal road rules.
Breach of Duty of Care
If someone violates their duty of care, they commit an act that a reasonable person would say is careless or reckless. For example, a property owner does not fix broken stairs. When someone visits the property, they slip and fall, and the accident is fatal. In this situation, the property owner breached their duty of care and may be held responsible for their actions.
Causation
Your lawyer will highlight how a party had a duty of care and violated it, which led to your family member’s fatal accident. They may use accident scene photos and videos, witness statements, police reports, medical records, and other evidence to establish causation.
Damages
Your attorney will share details about how the loss of your loved one is affecting you financially. They may provide a judge or jury with pay stubs, medical bills, and other financial documents to support their claims.
If your attorney has a wide range of proof, a liable party may struggle to contest their argument. As a result, they could propose a settlement that provides you with adequate compensation.
Based on the Code of Virginia § 8.01-58, contributory negligence can impact the outcome of your case. Due to contributory negligence, you may be ineligible to get damages if your late family is in any way responsible for their death.
Get Legal Help with a Wrongful Death Case
Speak with the team at MartinWren, P.C., if you are unsure what to do as you deal with the tragic loss of your loved one. We listen to what you have to say and want to help you in any way we can.
If you are considering a wrongful death lawsuit, our team is here to guide you through the legal process. We will tirelessly help you get your financial health back after your loss. Request a free case consultation with our Fishersville wrongful death attorneys today.
Call (434) 817-3100 or complete a Case Evaluation form
