A family member’s death is traumatic for you and your loved ones. If someone else is responsible for the loss of your loved one, hold them accountable. Speak with a Lexington wrongful death lawyer. From here, you can find out if you can pursue compensation through a wrongful death claim or lawsuit.
MartinWren, P.C., has helped thousands of clients in personal injury cases. Our team is empathetic to those coping with a family member’s death. We can explain your legal options to you and help you decide if a wrongful death claim or lawsuit is warranted. Schedule a free case consultation with a Lexington personal injury lawyer to get started.
Why You Need a Lexington Wrongful Death Attorney
You feel helpless as you cope with your family member’s death. A Lexington wrongful death attorney may help you get money from anyone liable for your loss. They can evaluate your case and let you know how to secure compensatory damages from any at-fault parties.
In a wrongful death case, your attorney may request money from a liable party’s insurance company. Unfortunately, an insurer may dispute your claim. Or, the business could offer a lowball settlement. In either scenario, your lawyer negotiates a settlement. If they cannot get a fair deal for you, they may advise you to file a lawsuit.
At MartinWren, P.C., we want you to make informed decisions regarding your legal options. We offer FAQs and other legal resources to those who are considering a wrongful death claim or lawsuit. If you are ready to take legal action, we can assist. Contact us for more information.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
When to File a Lexington Wrongful Death Claim
Per the Code of Virginia § 8.01-244, the statute of limitations for a wrongful death claim is two years. This means you have two years from the date of a person‘s death to seek compensation on their behalf. There may be shorter notice periods that apply for certain defendants. A wrongful death lawyer in Lexington can explain if you are eligible to file a claim and, if so, how to do so.
The Code of Virginia § 8.01-50 defines who can submit a wrongful death claim. You must be a personal representative of a deceased person (decedent) to ask for compensation from anyone responsible for their death. This representative could be a decedent’s child, parent, spouse, or domestic partner.
Who you hire as your legal counsel in your wrongful death case is key. For example, a family member is killed in an auto accident caused by a distracted driver. You may have the right to ask for compensation from this motorist. Find out by talking with a Lexington car accident lawyer, as they may help you get maximum compensation from the liable motorist.
How to Prove Negligence in a Wrongful Death Case
A wrongful death attorney in Lexington can teach you about the rules regarding negligence in Virginia. If you can prove negligence, you can recover damages for funeral and burial expenses relating to your family member’s death, pain and suffering, and other losses. You may also be able to obtain lost wages and a number of non-economic damages categories.
There are four elements of negligence to satisfy to proceed with a wrongful death case:
Duty of Care
A duty of care is a legal obligation that one party has to another. For instance, a truck driver is legally obligated to comply with hours of service (HOS) regulations and other trucking industry rules. At the same time, a trucking company must hire drivers who are qualified to operate its trucks.
Breach of Duty of Care
When someone breaches their duty of care, they commit an act that most people would consider reckless or careless. In your wrongful death case, a party violated their duty of care when they committed an act that put your family member in danger.
Causation
Your lawyer wants to make it clear that someone breached their duty of care, which led to your family member’s death. They may use accident scene photos, witness statements, and other evidence to validate this point.
Damages
A party’s actions caused your family member’s death, and you are dealing with economic and non-economic damages as a result. Your attorney calculates your quantifiable and subjective losses and argues why you should be compensated for them. If they succeed, a judge or jury will require a negligent party to pay damages.
In Virginia, you will have to deal with contributory negligence. If the court finds your late family member was in any way responsible for their death, you may be ineligible to recover damages from any other liable parties.
Lexington Wrongful Death Lawyer Near Me (434) 817-3100
Who Can Be Held Accountable for a Wrongful Death
An individual, business, or government entity can be at fault for a wrongful death. Defendants in wrongful death lawsuits include drivers, business operators, property owners, and many others. There are times when multiple parties are at fault for the loss of a family member. A personal injury attorney examines the facts of your case. They find out who is liable and request damages promptly.
Just because you submit a wrongful death claim or lawsuit does not guarantee you will receive compensation from an at-fault party. Those liable for a wrongful death or their insurance companies may do everything within their power to contest your compensation request. Thankfully, your lawyer remains on your side throughout your case proceedings.
Your lawyer understands the burden of proof. They gather evidence from a wide range of sources, as doing so can strengthen your case. If you have an abundance of evidence, it becomes difficult to dispute your argument. Therefore, your proof could help you get a reasonable settlement or compel the court to rule in your favor.
Ask for Legal Help with a Wrongful Death Case
Legal help is available to those who are worried about how you will manage financially after the death of a family member. The legal team at MartinWren, P.C. is on your side as you mourn the death of your loved one.
We can provide you with information about wrongful death claims, how they work, and what to expect if you file one. Request a free case consultation with us to learn more.
Call (434) 817-3100 or complete a Case Evaluation form
