Losing a family member is emotionally devastating. If someone else is at fault for your family member’s death, you may be able to take legal action against them. This allows you to pursue justice and compensation from the liable party. A Salem wrongful death lawyer can explain your legal options. They will let you know if you have grounds for a wrongful death lawsuit.
MartinWren, P.C., offers legal services and support to the families of the victims of fatal accidents. We have more than 15 years of experience with wrongful death cases and many others. Give us the opportunity to represent you in a wrongful death insurance claim or lawsuit. Speak with a Salem personal injury lawyer from our team to get started.
Why You Should Hire a Salem Wrongful Death Lawyer
A Salem wrongful death attorney puts the needs of you and your family front and center. They empathize with you as you mourn the loss of your loved one. Your lawyer will guide you through the legal process if you want to get money from anyone responsible for your family member’s death.
Unfortunately, the process of obtaining money through a wrongful death claim can be overwhelming. A liable party’s insurance company may commit substantial time and resources to contest your claim. Regardless, your lawyer negotiates a settlement for you. If no agreement is reached, your attorney can bring your case in front of a judge or jury.
The team at MartinWren, P.C. can explain if you have to appear in court if you file a wrongful death lawsuit, and address other legal concerns and questions. We focus on your legal matters while you take care of yourself and your family during this difficult time in your life. Contact us for more information about how we can help you with your wrongful death case.
When to Submit a Salem Wrongful Death Claim
The Code of Virginia gives you a limited window for submitting a wrongful death claim. According to the Code of Virginia § 8.01-244, the statute of limitations for filing this type of claim is two years from the date of a person’s death. There may be shorter notice periods that apply in your case. A wrongful death lawyer in Salem can determine your eligibility for submitting a claim.
Based on the Code of Virginia § 8.01-50, you must be a personal representative of a deceased person (decedent) to submit a wrongful death insurance claim or lawsuit. This representative may be a decedent’s parent, child, spouse, or domestic partner.
Your attorney guides you through the wrongful death claims process. If warranted, they can discuss what filing a wrongful death lawsuit entails. With any legal option you pursue, your lawyer remains on your side at each stage of your case proceedings.
Wrongful Death Case Types You Need to Know About
Submitting a wrongful death lawsuit may be an option if a family member dies as a result of someone else’s negligence. A wrongful death attorney in Salem can let you know if you can submit a lawsuit and, if so, how the legal process works. Reasons people pursue wrongful death cases include:
Car Accident
It is reasonable to expect a motorist to follow the rules of the road. Yet, a motorist can operate a vehicle while distracted, drive faster than the posted speed limit, or commit other acts that put people in danger. A Salem car accident lawyer can help you get compensation if a driver is responsible for a family member’s fatal auto crash.
Truck Accident
A trucker driving a tractor trailer, a trucking company, a cargo loader, or another party can be liable for a fatal collision. A Salem truck accident lawyer provides legal advice to the family members of a trucking crash victim. They can represent you if you want to ask a liable party for compensation relating to your family member’s fatal truck accident.
Motorcycle Accident
Trust a Salem motorcycle accident lawyer to help you if a family member is killed in a motorcycle crash caused by someone else. Your attorney can learn about this tragic incident and position you to secure fair compensation from the liable party.
Your attorney focuses on negligence as they prepare an argument in a wrongful death case. They want to prove that a party violated a duty of care, leading to your family member’s death. If their argument is successful, you could get economic and non-economic damages.
Compensation Available in a Wrongful Death Lawsuit
How much a wrongful death case is worth depends on the losses you incur. A personal injury attorney will look at the financial impact on your family member’s death as they calculate your damages. They may encourage you to seek damages for many reasons, such as:
- Medical bills
- Lost wages
- Pain and suffering
- Loss of companionship
- Loss of consortium
- Burial and funeral expenses
Your attorney may use accident scene photos, witness statements, and other evidence in their argument. If your lawyer has a wide range of proof, an at-fault party or their insurance company may be inclined to offer a settlement that matches your expectations.
Who Is Liable for a Wrongful Death
The party liable for a wrongful death is a person, business, or government entity that acts carelessly or recklessly and causes someone to lose their life. Defendants in wrongful death lawsuits may include:
- Motorist
- Truck driver
- Business operator
- Landlord
- Property owner
- Doctor
Your lawyer identifies any parties at fault for your family member‘s death. A liable party or their insurance company may propose a settlement in the hopes of resolving your case without a trial. For some plaintiffs, bringing a wrongful death case to court allows them to seek justice. If you want to take your case to trial, your lawyer supports your decision to do so.
Get Legal Help with Your Wrongful Death Case
MartinWren, P.C., can help you if you are unsure about whether now is the right time to proceed with a wrongful death case. If you decide to submit a wrongful death claim or lawsuit, we will fight tirelessly to get you compensation for your losses. Schedule a free case consultation with us to learn more.
