Wrongful Death Lawyer in Richmond

Losing a loved one because of someone else’s actions is something no family should ever have to experience. With 15+ years in business and a track record of winning and helping clients, the Richmond wrongful death lawyers with MartinWren, P.C., are here to help you take the next step forward with compassion and clarity. Our lawyers have 300 years of combined legal experience.

A Richmond personal injury lawyer from our law firm will help you understand your options, answer your questions, and work directly with you through every stage of your case.

If you are dealing with a staggering loss of a loved one, we are so sorry. You may be unsure where to start this process. Please consider reviewing our article, Virginia Wrongful Death Claims: Information for Families Who Lost a Loved One.

The Importance of Hiring a Wrongful Death Lawyer

Wrongful death cases can be complex and fraught with emotion. Pursuing a claim and navigating its nuances in the midst of your grief can feel immensely overwhelming.

This is where MartinWren, P.C., comes in. We work tirelessly on your case so you can focus on mourning your loved one. Our team handles all the logistics and manages every aspect of your case.

You have the right to take legal action, and a personal injury attorney will help you do just that. We devote our time and attention to your case.

Our firm will thoroughly investigate it to gather evidence that supports your claim and holds the at-fault party liable. We show how they violated their obligation to safety, caused your loved one’s death, and are responsible for paying for the damages they caused.

Our team helps you rebuild your life after this tragic and unexpected loss. When you work with us, you can be confident that you will receive the compassionate care and quality service you deserve.

Virginia law regarding wrongful death actions is technical and complex. We know the law, and we know how to use the law as both a sword and shield to maximize an estate’s wrongful death recovery.

Most importantly, we will preserve and protect the dignity of your loved one whose life was lost. We will fight to protect their memory to make sure their passing was not in vain.

We protect your rights and any sensitive information you share with us. You are our top priority, and we are your strongest ally and advocate.

For a legal consultation with a personal injury lawyer, call (434) 817-3100

Important Steps in a Wrongful Death Action

One of the most important things to understand about a wrongful death action is that the claim is governed by statutory law.

Virginia statutes state who may file a lawsuit for a deceased person. Virginia Code sec. 64.2-454 requires that an administrator or executor be appointed for the estate. That administrator or executor can then file a wrongful death lawsuit.

The statutes also specify who is entitled to receive compensation after someone dies. Any money received in a wrongful death lawsuit must be paid to the beneficiaries of the estate. Those beneficiaries are different classes of family members, as explained by Virginia Code sec. 8.01-53.

The statutes also set forth what damages the beneficiaries are entitled to recover. Like personal injury actions, both economic and non-economic damages are recoverable. But the categories of losses are different. Va. Code sec. 8.01-52 explains what might be recoverable.

Finally, the statutes require that a judge approve any wrongful death settlement that concludes a case. So a wrongful death case is not a do-it-yourself matter where you can bring it and resolve it on your own.

As you can imagine, there are many technical aspects of a wrongful death lawsuit that must be met. Failing to satisfy those requirements can prevent beneficiaries of an estate from recovering compensation.

For this and other reasons it is important to hire an attorney who is experienced, skilled, and knowledgeable about handling wrongful death claims. The attorneys of MartinWren, P.C. meet those standards. Contact us today for a free consultation.

Types of Negligent Actions that Lead to Wrongful Death

Wrongful death claims often begin with a preventable mistake, a bad decision, or a system failure at a company. When someone fails to act with reasonable care, that decision can ripple out and impact your entire family. A wrongful death claim may be filed when the wrongful act or neglect of another causes a person’s passing.

Some of the most common causes we investigate include:

Motor vehicle accidents, including claims caused by distracted, drunk, or reckless driving
Catastrophic crashes involving commercial motor vehicles or tractor-trailers
Medical malpractice, such as surgical errors or misdiagnosis
Defective products, including dangerous drugs or faulty vehicle components
Workplace accidents resulting from unsafe conditions or inadequate training
Nursing home abuse or neglect

Wrongful death claims require a careful review of the facts. Your Richmond wrongful death attorney will take the lead on these efforts and gather evidence, speak to witnesses, and work with professionals.

Richmond Wrongful Death Lawyer Near Me (434) 817-3100

When to Consider a Wrongful Death Claim

Our firm handles a wide range of wrongful death cases, including fatal car accidents, catastrophic truck accidents and crashes, surgical mistakes, nursing home neglect, and defective products that cause harm. We have handled wrongful death claims of all types.

If your loved one passed away because someone failed to act responsibly, you may have the right to hold them accountable under Code of Virginia § 8.01-50.

Every case begins with a careful review of what happened and whether another party was legally at fault. You may have a claim if the defendant violated rules of the road. Common examples include drunk driving, preventable truck crashes, unsafe medical care, or dangerous products. These are just a few examples of when taking action with a wrongful death claim may be appropriate.

Virginia gives families a limited time to pursue a case. Under Code of Virginia § 8.01-244, most wrongful death claims must be filed within two years of the date of death.

There are exceptions, but these deadlines can approach quickly. There may also be even shorter notice periods that may require you to act sooner or else lose your right to bring a claim. Our firm can help you determine whether a valid claim exists and explain your legal options in a way that makes sense.

Potential Recoverable Damages

Every wrongful death claim is different, and compensation depends on your circumstances. While some families deal with unpaid medical bills or funeral costs, others lose their primary source of household income.

Virginia Code sec. 8.01-52 sets forth what categories of losses and damages are compensable under the law. The law awards two general types of damages in a wrongful death action. Those general types are economic damages and non-economic damages.

The types of damages in Virginia wrongful death actions may include:

Medical expenses connected to the person who passed away’s final illness or injury
Lost income and benefits
Funeral and burial expenses
Loss of companionship, guidance, and support
Mental anguish, sorrow, and solace, which may include society, companionship, comfort, guidance, kindly offices, and advice
Punitive damages for instances of willful and wanton negligence ore recklessness that shows conscious disregard for the safety of others

Calculating these losses is not always simple. There are also emotional losses that do not come with receipts. Your wrongful death attorney in Richmond will help you to identify your losses, calculate their value, and build a strong case.

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Who Are Beneficiaries In a Wrongful Death Claim

In Virginia, the beneficiaries are the people who can receive compensation following a loved one’s loss. Those beneficiaries of a death claim are based on the order of priority set out in the Code of Virginia § 8.01-53. This law helps identify who is eligible to pursue compensation based on their relationship to the person who passed away. The following individuals may qualify:

The surviving spouse, children, and grandchildren of the deceased
The surviving parents of the decedent
The surviving siblings of the deceased
Any relative who was primarily dependent on the deceased for support

The personal representative of the estate may file the claim on behalf of the beneficiaries. Survivors can file only one wrongful death claim. That’s why family members should work together.

Our firm can help you understand the claim process, and this is one of the many reasons why hiring personal injury attorneys is important when pursuing a wrongful death lawsuit.

The laws that govern wrongful death claims and beneficiaries are very specific and may be confusing depending on your family situation. We provide trusted counsel to help you secure the most favorable outcome for your situation.

How to Gather Sufficient Evidence

Gathering sufficient evidence is a crucial step in building a strong wrongful death case. This evidence will help establish the negligence of the responsible party and the extent of the damages suffered by the deceased’s family.

Some pieces of evidence to collect may include:

Police reports and accident scene photographs
Electronic data from vehicles, including black box and telematics data
Medical records and autopsy reports
Witness statements and expert testimony
Financial documents showing lost income and expenses
Photographs and videos demonstrating the relationship between the deceased and the claimants

Putting together strong evidence to support your case takes time, knowledge, organization, and the right resources. Our firm works closely with families who are interested in filing a wrongful death lawsuit to help collect and structure this information, especially when you may not feel ready to do it alone.

If there are gaps or missing details, we know where to look and how to fill them in.

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Who Can File a Wrongful Death Suit in Richmond?

A technical thing to understand about wrongful death lawsuits is that the claim belongs to the deceased person’s estate. The court will appoint a personal representative, known as an executor or administrator, and that person can file a wrongful death case. They will then seek to obtain financial benefits on behalf of the estate’s beneficiaries.

As with any legal matter, it is critical to be mindful of statutes of limitations. Virginia has a two-year statute of limitations for wrongful death actions, as set forth in Va. Code sec. 8.01-244. It is critical to act long before that two-year period, however, as the clerk of court will need to appoint a personal representative, and that process adds time.

What to Expect With a Wrongful Death Claim

Wrongful death claims in Virginia must follow certain procedural rules for the matter to be resolved.

After the family gets organized and elects to move forward, the first step will be having someone be appointed as the personal representative of the deceased’s estate. If the loved one passed with a will, the will may name an executor who has the power to act for the estate.

Many times the deceased will not have a will. When that happens, someone will need to apply to the circuit court clerk to be appointed as the estate administrator. The estate administrator will then have the authority to file suit on the estate’s behalf.

Once the personal representative files suit, the wrongful death attorneys who represent the estate can obtain evidence via subpoena. Our attorneys will send subpoenas, send written discovery to the defendant, and take depositions of the defendant and knowledgeable witnesses.

After gathering all of the evidence, we will submit a demand to the insurance companies involved. We will be prepared to try the case to a jury if the case does not settle for an adequate amount.

A circuit court judge will need to approve any wrongful death settlement that the parties reach. Virginia Code sec. 8.01-55 states that the judge must determine how to distribute funds in a wrongful death case.

The law requires that insurance companies distribute funds to the beneficiaries. The judge will be the one to ensure that the beneficiaries receive the settlement funds.

Why are Some Wrongful Death Cases Difficult to Resolve?

Although survivors are always painfully aware of the extent of harm they face, the case may be a difficult one to resolve. This could be for various reasons.

To win a wrongful death claim, the survivors need to show four general things. First, they need to show that the defendant owed a legal duty to the deceased. Second, survivors must prove that the defendant breached the legal duty. Third, the survivors need to show that the deceased suffered damages. And, fourth, the survivors must show that the defendant’s breached duty caused their loved one’s death.

Defendants and their insurance companies may fight these claims in a number of ways. They may claim that the defendant did not owe a legal duty. Or, the insurance company may claim that the defendant did not actually breach any duty.

And you can expect that some insurance companies will claim that the defendant did not cause the deceased’s death. They will blame others, including the deceased person. They will try to blame everyone and everything except themselves.

Our attorneys will fight to defeat these nonsense defenses. We will fight for you to protect your loved one’s memory.

How Long Will it Take To Resolve a Wrongful Death Claim?

Wrongful death claims can resolve as quickly as a few months or may take several years. Several factors influence how long it will take to resolve a wrongful death claim.

One factor is being able to prove what happened and that a defendant breached a legal duty. Just like with a personal injury lawsuit, a party with a wrongful death claim must show that the defendant owed a legal duty, the defendant breached the duty, and that breached caused someone to suffer harm as a result.

Some cases do not have clear legal duties that were breached. Or perhaps the causal connection between the defendant’s conduct and the ultimate harm is not very strong. Those cases will likely take longer to resolve than stronger and clearer cases.

It is also important to know how much insurance coverage or assets were available. Cases involving low insurance amounts will usually resolve much quicker than bigger cases. Insurance companies are much more willing to fight to protect money when there are large amounts of insurance available.

Some parties cannot resolve their cases unless they file and pursue lawsuits. That adds time, but that can also increase the value of the cases.

Even when the parties reach a settlement they will still need to get court approval. That may add months to the resolution depending on when a trial judge can be available to hear the matter.

How Does a Personal Representative Get Appointed to File Suit?

A critical and necessary step to pursuing a wrongful death claim is for someone to be appointed as the executor or administrator of the deceased person’s estate. This process is called “qualification.”

To get qualified, it is necessary to visit a circuit court clerk’s office where the deceased was living prior to their passing. The circuit court clerks in and around Richmond are the following:

Richmond City Circuit Court

Chesterfield County Circuit Court

Goochland County Circuit Court

Hanover County Circuit Court

Henrico County Circuit Court

Hopewell Circuit Court

Powhatan County Circuit Court

We can help you with this process of becoming qualified to pursue the wrongful death action.

Work With a Compassionate Richmond Wrongful Death Attorney

You have been through something no family should have to face, and we are here to help you find clarity in the next step forward. The wrongful death lawyers in Richmond from MartinWren, P.C., will take the time to listen and explain your options.

We know the difficult emotional and financial burden that a wrongful death causes. Our experienced lawyers can help ease that burden and give you solid guidance. We can help you make the difficult decisions you face.

Our team supports you through each part of the process. If you’re ready to learn more about what’s next, contact us to start a conversation with a team that genuinely cares.